Fenwick v Camden & Islington Health Authority [1998] UKEAT 1335_97_2711 (27 November 1998)

Fenwick v Camden & Islington Health Authority [1998] UKEAT 1335_97_2711 (27 November 1998)

The tribunal erred in law by excluding relevant and admissible evidence from the appellant on the jurisdiction issue and by failing to allow her representative a proper opportunity to make closing submissions, resulting in procedural unfairness and a substantial wrong.

Citation
[1998] UKEAT 1335_97_2711
Parties
Appellant: Mrs Miriam Fenwick; Respondent: Health Authority
Jurisdiction
United Kingdom
Judgment Date
27 November 1998
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal allowed
Legal Topics
Racial Discrimination, Unfair Dismissal, Procedural Fairness, Admissibility of Evidence
Employment Law Discrimination Law Racial Discrimination Unfair Dismissal Procedural Fairness Admissibility of Evidence

Case Brief

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Parties

Mrs Miriam Fenwick

Appellant

Health Authority

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether the tribunal erred in excluding relevant evidence from the appellant on the jurisdiction issue
  2. 2 Whether the appellant's representative was denied the opportunity to make a closing speech contrary to procedural rules

Ratio Decidendi

The tribunal erred in law by excluding relevant and admissible evidence from the appellant on the jurisdiction issue and by failing to allow her representative a proper opportunity to make closing submissions, resulting in procedural unfairness and a substantial wrong.

Court Disposition

Appeal allowed

Orders

  • The entire application is remitted for rehearing before a newly constituted tribunal.