Crown Prosecution Service v. Thind [2003] UKEAT 0399_03_1310 (13 October 2003)

Crown Prosecution Service v. Thind [2003] UKEAT 0399_03_1310 (13 October 2003)

The remedies appeal should be stayed until the outcome of the remitted liability hearing, as the question of remedy is contingent on the Tribunal's finding on liability.

Citation
[2003] UKEAT 0399_03_1310
Parties
Applicant: Mrs Thind; Respondent: Crown Prosecution Service
Jurisdiction
United Kingdom
Judgment Date
13 October 2003
Procedural Posture
Employment Appeal Tribunal Appeal / Directions Hearing on Remedies Appeal After Liability Appeal Allowed and Remitted
Outcome
Remedies appeal stayed pending outcome of remitted liability hearing.
Legal Topics
Race Discrimination, Remedies, Appeal Procedure, Stay of Proceedings
Employment Law Discrimination Law Race Discrimination Remedies Appeal Procedure Stay of Proceedings

Case Brief

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Parties

Mrs Thind

Applicant

Crown Prosecution Service

Respondent

Procedural Posture

Employment Appeal Tribunal Appeal / Directions Hearing on Remedies Appeal After Liability Appeal Allowed and Remitted

Legal Issues

  1. 1 Whether the remedies appeal should be remitted to the fresh Tribunal or stayed pending the outcome of the remitted liability hearing

Ratio Decidendi

The remedies appeal should be stayed until the outcome of the remitted liability hearing, as the question of remedy is contingent on the Tribunal's finding on liability.

Court Disposition

Remedies appeal stayed pending outcome of remitted liability hearing.

Orders

  • Stay on appeal EAT/399/03 until the fresh Employment Tribunal has ruled on liability.