Kularatne v. Horizon NHS Trust [2001] UKEAT 1156_01_0312 (3 December 2001)

Kularatne v. Horizon NHS Trust [2001] UKEAT 1156_01_0312 (3 December 2001)

The Employment Tribunal correctly found that race played no part in the selection process or decision; the procedure was fair and based on merit; no arguable error of law or perversity was established in the Tribunal's findings or in its refusal to grant a longer adjournment.

Citation
[2001] UKEAT 1156_01_0312
Parties
Appellant: [Name Redacted] (Appellant); Respondent: NHS Trust (Respondent)
Jurisdiction
United Kingdom
Judgment Date
03 December 2001
Procedural Posture
Employment Appeal / Preliminary Hearing of Appeal Against Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Recruitment Procedure, Employment Tribunal Appeal, Adjournment Discretion
Employment Law Discrimination Law Race Discrimination Recruitment Procedure Employment Tribunal Appeal Adjournment Discretion

Case Brief

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Parties

[Name Redacted] (Appellant)

Appellant

NHS Trust (Respondent)

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing of Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in dismissing the claim of race discrimination
  2. 2 Whether the selection and appointment procedure was discriminatory or unfair
  3. 3 Whether the refusal to grant a longer adjournment was perverse or irrational

Ratio Decidendi

The Employment Tribunal correctly found that race played no part in the selection process or decision; the procedure was fair and based on merit; no arguable error of law or perversity was established in the Tribunal's findings or in its refusal to grant a longer adjournment.

Court Disposition

Appeal dismissed

Orders

  • No arguable ground of appeal; appeal dismissed at preliminary stage