Rullion Engineering Personnel Ltd v. Marsh [2000] UKEAT 272_00_1007 (10 July 2000)

Rullion Engineering Personnel Ltd v. Marsh [2000] UKEAT 272_00_1007 (10 July 2000)

The appeal was dismissed because the argument now sought to be raised by the appellant was not run at first instance, despite being available, and there are no exceptional circumstances justifying its consideration at the appellate stage.

Citation
[2000] UKEAT 272_00_1007
Parties
Appellant: Rullion Engineering Personnel Ltd; Applicant: Mrs Marsh
Jurisdiction
United Kingdom
Judgment Date
10 July 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Procedural Fairness, Appellate Procedure
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Procedural Fairness Appellate Procedure

Case Brief

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Parties

Rullion Engineering Personnel Ltd

Appellant

Mrs Marsh

Applicant

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by not considering the date of decision to dismiss as the relevant date for disability under the Disability Discrimination Act 1995
  2. 2 Whether a new argument can be raised on appeal that was not raised at first instance

Ratio Decidendi

The appeal was dismissed because the argument now sought to be raised by the appellant was not run at first instance, despite being available, and there are no exceptional circumstances justifying its consideration at the appellate stage.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed at preliminary hearing without need for inter partes hearing