Sivanandan v. Enfield & Ors [2001] UKEAT 431_01_2607 (26 July 2001)

Sivanandan v. Enfield & Ors [2001] UKEAT 431_01_2607 (26 July 2001)

The Employment Appeal Tribunal found that, although the Chairman's reasoning was generally sound, there was sufficient uncertainty regarding the events of 6th September and the medical evidence to warrant a Full Hearing of the review application.

Citation
[2001] UKEAT 431_01_2607
Parties
Appellant: Ms Sivanandan; First Respondent: Enfield
Jurisdiction
United Kingdom
Judgment Date
26 July 2001
Procedural Posture
Employment Appeal Tribunal / Preliminary Hearing
Outcome
Review appeal to proceed to Full Hearing; application for consolidation dismissed.
Legal Topics
Strike Out of Claim, Review of Tribunal Decision, Bias and Discrimination, Adjournment for Medical Reasons

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Sivanandan

Appellant

Enfield

First Respondent

Procedural Posture

Employment Appeal Tribunal / Preliminary Hearing

  1. 1 Whether the Employment Tribunal erred in refusing a review of the decision to strike out Ms Sivanandan's claim
  2. 2 Whether new medical evidence or interests of justice required a review
  3. 3 Whether the Chairman was correct to refuse a full hearing on the review application

Ratio Decidendi

The Employment Appeal Tribunal found that, although the Chairman's reasoning was generally sound, there was sufficient uncertainty regarding the events of 6th September and the medical evidence to warrant a Full Hearing of the review application.

Court Disposition

Review appeal to proceed to Full Hearing; application for consolidation dismissed.

Orders

  • Skeleton arguments to be exchanged and filed 14 days before hearing.
  • Transcripts of judgments to be sent to all parties.