Holvey [1996] UKEAT 917_95_0207 (2 July 1996)

Holvey [1996] UKEAT 917_95_0207 (2 July 1996)

The Tribunal failed to provide sufficient detail on the basis for discrimination findings and did not properly apportion liability or compensation between Mr Holvey and Bacons Shoes Ltd. Mr Holvey was denied justice due to inadequate notice, warranting a new hearing for his part of the case.

Citation
[1996] UKEAT 917_95_0207
Parties
Appellant: Philip Holvey; 1st Respondent: Bacons Shoes Ltd; Applicant: Zaineb Sabur; 2nd Respondent: 2nd Respondents
Jurisdiction
United Kingdom
Judgment Date
02 July 1996
Procedural Posture
Appeal / Post Tribunal Judgment
Outcome
Appeal allowed in part; award against Mr Holvey set aside; new hearing ordered for Mr Holvey; award against Bacons Shoes Ltd upheld.
Legal Topics
Race Discrimination, Constructive Dismissal, Vicarious Liability, Unfair Dismissal
Employment Law Equality Law Race Discrimination Constructive Dismissal Vicarious Liability Unfair Dismissal

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Parties

Philip Holvey

Appellant

Bacons Shoes Ltd

1st Respondent

Zaineb Sabur

Applicant

2nd Respondents

2nd Respondent

Procedural Posture

Appeal / Post Tribunal Judgment

Legal Issues

  1. 1 Whether Mr Holvey and Bacons Shoes Ltd discriminated against Miss Sabur on grounds of race
  2. 2 Whether Miss Sabur was constructively dismissed
  3. 3 Whether proper notice was given to Mr Holvey for the hearing

Ratio Decidendi

The Tribunal failed to provide sufficient detail on the basis for discrimination findings and did not properly apportion liability or compensation between Mr Holvey and Bacons Shoes Ltd. Mr Holvey was denied justice due to inadequate notice, warranting a new hearing for his part of the case.

Court Disposition

Appeal allowed in part; award against Mr Holvey set aside; new hearing ordered for Mr Holvey; award against Bacons Shoes Ltd upheld.

Orders

  • Award against Mr Holvey set aside
  • Matter remitted to new tribunal for rehearing against Mr Holvey