Segor v Goodrich Actuation Systems Ltd (Practice and Procedure : Withdrawal) [2012] UKEAT 0145_11_1002 (10 February 2012)

Segor v Goodrich Actuation Systems Ltd (Practice and Procedure : Withdrawal) [2012] UKEAT 0145_11_1002 (10 February 2012)

The Employment Tribunal erred in law by failing to ensure that any abandonment of the claim was clear, unambiguous, and unequivocal; the evidential material did not support a finding that the claimant had abandoned her technical claim regarding discrimination under ITAR.

Citation
[2012] UKEAT 0145_11_1002
Parties
Claimant: [Claimant not named]; Respondent: [Respondent not named]
Jurisdiction
United Kingdom
Judgment Date
10 February 2012
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision, Remitted for Further Hearing
Outcome
Appeal allowed; case remitted to the same Employment Tribunal for further hearing; costs award set aside.
Legal Topics
Race Discrimination, Sex Discrimination, Nationality Discrimination, Practice and Procedure, Withdrawal of Claims, Costs
Employment Law Discrimination Law Race Discrimination Sex Discrimination Nationality Discrimination Practice and Procedure Withdrawal of Claims Costs

Case Brief

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Parties

[Claimant not named]

Claimant

[Respondent not named]

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision, Remitted for Further Hearing

Legal Issues

  1. 1 Whether the claimant unequivocally abandoned part of her discrimination claim before the Employment Tribunal
  2. 2 Whether the Tribunal erred in law in treating the claim as abandoned
  3. 3 Whether the Tribunal's award of costs against the claimant was justified

Ratio Decidendi

The Employment Tribunal erred in law by failing to ensure that any abandonment of the claim was clear, unambiguous, and unequivocal; the evidential material did not support a finding that the claimant had abandoned her technical claim regarding discrimination under ITAR.

Court Disposition

Appeal allowed; case remitted to the same Employment Tribunal for further hearing; costs award set aside.

Orders

  • Remitted to the same Tribunal for further hearing on the discrimination claim and available defences.
  • Costs award of £10,000 against the claimant set aside; costs to be reconsidered on remission.