Legal Updates

Employment Law – Appeal – Conflict of Evidence – Harassment – Racial Harassment

The recent case of Gillani v Richmond Pharmacology Ltd and Another [2009] involved an appeal due to a conflict of evidence between the parties concerned. The employee in this case initiated proceedings against his employer, and more specifically his line manager. He made a number of allegations, the most pertinent of which was an allegation that he was subjected to harassment by his employer and line manager on the grounds of his race.

The Employment Tribunal found in the employee’s favour, however only in respect of one of the allegations that was made.

The allegation in question required the Tribunal to make a determination in relation to two specific incidents that had occurred in June 2006 and July 2006. When the evidence relating to the incident that occurred in June was considered, there was a clash between the evidence given by the respective parties.

The employer appealed against the decision that was made, whilst the employee sought to have the decision upheld.

When the Employment Appeals Tribunal heard the appeal, the parties came to an agreement that the appeal should be remitted to the Employment Tribunal. However, no agreement was reached in respect of the venue.

The issue was therefore whether the appeal should be remitted to the same Tribunal that had heard the original case, or whether the appeal should be remitted to an newly constituted Tribunal for fresh consideration.

It was held that the central issues in relation to credibility would need to be contested at the remitted hearing and therefore the case should be remitted to a differently constituted Tribunal in order for both parties involved to be treated fairly.

If you require further information please contact us at enquiries@rtcooperssolicitors.com or Visit http://www.rtcoopers.com/practice_employment.php

© RT COOPERS, 2009. This Briefing Note does not provide a comprehensive or complete statement of the law relating to the issues discussed nor does it constitute legal advice. It is intended only to highlight general issues. Specialist legal advice should always be sought in relation to particular circumstances.

 

 

SearchBox

Search Shadow

NewsLetterBox

newsletter Shadow

TestimonialBox

Testimonial Bottom Shadow

testimonial Shadow Middle

More Testimonials

Testimonial Bottom Shadow