Arrowsmith v. Nottingham Trent University [2010] UKEAT 1708_09_1207 (12 July 2010)

Arrowsmith v. Nottingham Trent University [2010] UKEAT 1708_09_1207 (12 July 2010)

The Employment Tribunal did not err in law in refusing to vary its decision on review or in awarding costs against the Claimant; the new evidence would not have affected the outcome, and the Tribunal's findings were open to it on the evidence.

Citation
[2010] UKEAT 1708_09_1207
Parties
Appellant/claimant: Ms D M Arrowsmith; Respondent: Unknown (Respondent)
Jurisdiction
United Kingdom
Judgment Date
12 July 2010
Procedural Posture
Employment Appeal / Rule 3(10) Application for Permission to Proceed With Appeal After Review Refusal and Costs Order
Outcome
Appeal dismissed; permission to appeal refused.
Legal Topics
Sex Discrimination, Pregnancy Discrimination, Employment Tribunal Review, Costs Orders, Appellate Procedure
Employment Law Discrimination Law Sex Discrimination Pregnancy Discrimination Employment Tribunal Review Costs Orders Appellate Procedure

Case Brief

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Parties

Ms D M Arrowsmith

Appellant/claimant

Unknown (Respondent)

Respondent

Procedural Posture

Employment Appeal / Rule 3(10) Application for Permission to Proceed With Appeal After Review Refusal and Costs Order

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to vary its decision on review
  2. 2 Whether the Employment Tribunal erred in making a costs order against the Claimant
  3. 3 Whether new evidence or interests of justice warranted a review

Ratio Decidendi

The Employment Tribunal did not err in law in refusing to vary its decision on review or in awarding costs against the Claimant; the new evidence would not have affected the outcome, and the Tribunal's findings were open to it on the evidence.

Court Disposition

Appeal dismissed; permission to appeal refused.

Orders

  • Application under rule 3(10) dismissed.
  • No further action to be taken on the appeal.