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Race discrimination: Tribunal's mistake on anonymity issue vitiated its decision

This report relates to 1 case(s)

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    Moore v University of Greenwich and another EAT/0942/01 (0 other reports)

In Moore v The University of Greenwich and another 23.09.03 EAT 0942/01 the EAT holds that it remains the case that once it is found that an employment tribunal's decision has been reached as a result of a misdirection, particularly one of law, that decision can stand only if it is determined to be plainly and unarguably right notwithstanding the misdirection. If the tribunal was wrong, or might have been wrong, the EAT must remit the case for a rehearing. In the present case, despite a preponderance of fact findings leading the EAT to the conclusion that it was "extremely persuaded" that the tribunal was "perfectly well justified" in finding that there was no discrimination against the complainant, the EAT felt bound to remit on the basis that the tribunal rested its conclusion, or a material part of it, on an issue on which it had been mistaken.