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United Kingdom Employment Appeal Tribunal
You are here: BAILII >> Databases >> United Kingdom Employment Appeal Tribunal >> Lowery & Anor v. Ali [2000] EAT 1152_99_2501 (25 January 2000)
URL: http://www.bailii.org/uk/cases/UKEAT/2000/1152_99_2501.html
Cite as: [2000] EAT 1152_99_2501

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BAILII case number: [2000] EAT 1152_99_2501
Appeal No. EAT/1152/99

EMPLOYMENT APPEAL TRIBUNAL
58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS
             At the Tribunal
             On 25 January 2000

Before

HIS HONOUR JUDGE SMITH QC

LORD GLADWIN OF CLEE CBE JP

MISS S M WILSON


1) MR D LOWERY 2) CHELSEA VILLAGE MANAGEMENT LTD APPELLANT

MR OMAR M SAID ALI RESPONDENT

Transcript of Proceedings

JUDGMENT

Revised

© Copyright 2000

    APPEARANCES

     

    For the Appellants MR P GREEN
    (of Counsel)
    Instructed by:
    Mark Taylor & Co.
    The Third Floor
    Stamford Bridge
    London SW6 1HS
       


     

    HIS HONOUR JUDGE SMITH QC

  1. We accept that it is arguable that there may be an error in law in the approach which the Employment Tribunal took to the circumstances in which it is proper for an Employment Tribunal to draw inferences of racial discrimination for the reasons that have been argued before us today. There may be an arguable ground on that basis and there may be an arguable ground relating to the unusually expressed finding in paragraph 35 of the decision containing the assertion that Mr Lowery had stereotypical assumptions about Africans, it may be that that finding can legitimately be subjected to a criticism as displaying an erroneous approach.

  2. So for those reasons we allow the matter to go forward to a full appeal. In addition, and although it is very unusual to allow matters to proceed to a full hearing on the amount of the compensation, here again we consider that there are arguable grounds for an objection on point of law on the basis that there were deficiencies in the Employment Tribunal's reasoning relating to the award for injuries to feelings and the rather substantial award for loss of salary.

  3. We allow the matter to proceed to a full hearing on those matters which are properly set out in the Notice of Appeal. There is no application for notes of evidence, skeleton arguments should be exchanged in the usual way, and a bundle of documents should be prepared for the Employment Appeal Tribunal. We would put the matter into category C with a time estimate of half a day.

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URL: http://www.bailii.org/uk/cases/UKEAT/2000/1152_99_2501.html