Goldman Sachs Services Ltd v. Montali [2001] UKEAT 1203_01_1910 (19 October 2001)
The Carstairs' Employment Tribunal erred in reversing the preliminary hearing direction given by Mr Roose without any material change in circumstances, constituting a wrong exercise of discretion and principle.
- Citation
- [2001] UKEAT 1203_01_1910
- Parties
- Applicant: Ms Montali; Respondent: Goldman Sachs Services Ltd; Appellant's Counsel: Charles Ciumei
- Jurisdiction
- United Kingdom
- Judgment Date
- 19 October 2001
- Procedural Posture
- Interlocutory Appeal / Full Appeal Hearing Before Employment Appeal Tribunal
- Outcome
- Appeal allowed
- Legal Topics
- Disability Discrimination, Victimisation, Statute of Limitations, Interlocutory Orders, Variation of Tribunal Directions
Case Brief
Summary, issues, holding and outcome
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Parties
Ms Montali
Applicant
Goldman Sachs Services Ltd
Respondent
Charles Ciumei
Appellant's Counsel
Procedural Posture
Interlocutory Appeal / Full Appeal Hearing Before Employment Appeal Tribunal
Legal Issues
- 1 Whether an Employment Tribunal can vary or reverse an interlocutory order without a material change in circumstances
- 2 Whether the Carstairs' Tribunal erred in reversing the preliminary hearing direction
Ratio Decidendi
The Carstairs' Employment Tribunal erred in reversing the preliminary hearing direction given by Mr Roose without any material change in circumstances, constituting a wrong exercise of discretion and principle.
Court Disposition
Appeal allowed
Orders
- Carstairs' orders set aside except for the full hearing date fixed for 29 April 2002
- Regional Chairman to direct a fresh hearing date for the preliminary issue before a different Tribunal
Full Case Text
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