Bham v 2Gether NHS Foundation Trust UKEAT/0059/17/DA

Appeal against the dismissal of the Claimant reconsideration application. Appeal dismissed.

In this long running and complicated case, the Claimant claimed that the Respondent had discriminated directly against him and harassed and victimised him on the grounds of the protected characteristics of race and sex. The ET dismissed those claims. The Claimant appealed unsuccessfully to the EAT and his application for permission to appeal to the Court of Appeal was dismissed on the papers. The Claimant applied for reconsideration of this decision, amongst other claims made at the ET. The reconsideration application was refused and the Claimant appealed on the ground that fresh evidence had come to light.

The EAT dismissed the appeal, holding that the appeal was an abuse of process, because the "fresh evidence" was the same "fresh evidence" as the Clamant had relied on in unsuccessful applications in 2014, for reconsideration of the 2011 Decision, and for permission to appeal to the EAT. The EAT also held that the ET had not erred in (1) refusing to extend time for the making of that application, (2) the procedure it adopted for deciding that application, or (3) its approach to the merits of that application.

Published: 04/12/2017 12:04

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