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
Legal Issues
- 1 Whether the Employment Tribunal erred in refusing a review of the decision to strike out Ms Sivanandan's claim
- 2 Whether new medical evidence or interests of justice required a review
- 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.
Full Case Text
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