Judgment Details
| Change in tribunal composition irrelevant to whether fair trial still possible Michael Duggan succeeds in the Court of Appeal. | ||
| 24.02.2009 | ||
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In Abegaze v Shrewsbury College of Arts and Technology on 20th February 2009. Dr Abegaze won his Tribunal claim on liability for discrimination in November 2000 but there had still not been a remedies hearing by November 2006 and the Employment Judge struck out his claim on the ground that there could no longer be a fair trial. This was upheld by HHJ McMullen QC in the EAT. The Court of Appeal has accepted Michael Duggan’s submissions that the Courts below erred in the approach that they took and reinstated the case. The case is to be remitted to another Tribunal for directions and a remedies hearing. Elias LJ stated that other sanctions could have been ordered such as unless orders rather than a strike out. |