Delay to decisions

Case 1: The facts

Yaya Bangs made a successful claim of race discrimination, but the tribunal did not send its decision until a year after the case was heard.

The Employment Appeal Tribunal allowed an appeal from the employer, on the grounds that the decision was "unsafe" because the delay had led to errors and omissions.

The ruling

The Court of Appeal held that tribunal decisions can only be appealed on the grounds that there has been an error in law or that the decision is perverse (i.e. that no reasonable tribunal could have come to that decision). It added that the idea of an "unsafe" decision comes from the civil courts, where the grounds for appeal are wider, and should not apply to tribunal claims.

The court held that a delayed decision by itself is not grounds for an appeal. It found that the delay in this case had not been the reason for the omissions, and the decision had not been perverse. The decision had not deprived the employer of the right to a fair trial under Article 6 of the European Convention on Human Rights, so it could stand.

Bangs v Connex South Eastern [2005] EWCA Civ 14