Workplace Report January 2004

Law - Tribunal procedures

Human rights fair trial

Case 5: The facts

This case involved a complaint by a soldier over the army's failure during his period of service, to provide him with halal meat. The individual attempted to take a tribunal claim under the Race Relations Act 1975.

The ruling

The Court of Appeal ruled that the soldier could not use Article 6 of the European Convention on Human Rights. The right to a fair trial does not apply if the internal complaint procedures have not been used.

* Mangera v MOD, Court of Appeal 12 July 2003