Jangra v. Gate Gourmet London Ltd [2001] UKEAT 608_01_0810 (8 October 2001)
The internal appeal process cured any procedural unfairness in the original dismissal because the appellant was given a full opportunity to participate but chose not to; she cannot frustrate the appeal process by refusing to take part.
Source-derived case information.
- Citation
- [2001] UKEAT 608_01_0810
- Parties
- Appellant: Mrs S B Jangra; Respondent: Unknown Respondent
- Jurisdiction
- United Kingdom
- Judgment Date
- 08 October 2001
- Procedural Posture
- Employment Appeal / Preliminary Hearing
- Outcome
- Appeal on the ground of procedural unfairness dismissed; leave granted to proceed to full hearing on disability discrimination finding.
- Legal Topics
- Procedural Fairness, Internal Appeal, Disability Discrimination, Unfair Dismissal
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mrs S B Jangra
Appellant
Unknown Respondent
Respondent
Procedural Posture
Employment Appeal / Preliminary Hearing
Legal Issues
- 1 Whether the internal appeal cured procedural unfairness in dismissal
- 2 Whether the respondent discriminated against the applicant contrary to section 5(1) of the Disability Discrimination Act 1995
Ratio Decidendi
The internal appeal process cured any procedural unfairness in the original dismissal because the appellant was given a full opportunity to participate but chose not to; she cannot frustrate the appeal process by refusing to take part.
Court Disposition
Appeal on the ground of procedural unfairness dismissed; leave granted to proceed to full hearing on disability discrimination finding.
Orders
- Appeal on procedural unfairness dismissed
- Leave granted for full hearing on disability discrimination
Full Case Text
Judgment text and source record
1 paragraphs
JUDGMENT PRELIMINARY HEARING © Copyright 2001 APPEARANCES For the Appellant MR AUBURNE (of Counsel) Appearing under the Employment Law Appeal Advice Scheme JUDGE A WAKEFIELD This is an ex parte preliminary hearing of an appeal by Mrs S B Jangra against a Decision dated 15 March 2001 of an Employment Tribunal sitting at London South, at which it was held that: "(1) The internal appeal cured the procedural unfairness so as to render the dismissal of the Applicant fair overall. (2) The Respondent did not discriminate against the Applicant contrary to section 5(1) of the Disability Discrimination Act 1995." Leave has been granted to proceed to a full hearing in relation to the second finding. As to the first finding, it was argued before us that the Employment Tribunal were wrong in law and/or perverse in that, since the Appellant did not attend the internal appeal, it cannot be said to have constituted a rehearing of the case, so as to be capable of curing a procedural irregularity in the original dismissal. We do not agree. The Appellant was given a full opportunity to attend at the internal appeal or to make written submissions. She did neither. The appeal hearing therefore necessarily consisted of consideration of the medical evidence and the possibility of alternative employment. The finding of the Employment Tribunal that in those circumstances: "…once the applicant exercised the right to appeal she could not frustrate that appeal process by refusing to take part…" is, in our view, unassailable. The appeal on this ground therefore fails, and is dismissed. BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII