Employment Judge's Attempts to Bailout a Racist Was Aborted.

emplaw.co.uk employment lawweb updater summary23 June 2006

Summary Information : Deman v Coates - tribunal erred in finding race discrimination but not allowing any remedy - new on EAT website 14.6.06Mr Deman failed in an application for an academic post at the European School of Economics (ESE). He subsequently brought and won claims of race discrimination against ESE and Dr S Coates, their London Academic Director. At a remedies hearing the tribunal ordered ESE to pay £35,667 compensation but dismissed any claim for compensation to be paid by Dr Coates. This was on the basis that, because of illness, she had not had the opportunity to argue her case before the Tribunal. The EAT held that this was an error of law. It remitted the matter back for rehearing saying that this was ".... the first time in our experience individually, or collectively, that we have come across a case where an Employment Tribunal has found that the Claimant has succeeded on liability but .... has then gone on to dismiss the claim when it reached the remedies hearing". See related topic on emplaw.co.uk here To continue to full item click here

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University of East London Guilty of Racial Discrimination [Case No. 3202979/2005]

Dr Virender Malhotra Vindicated in the

Stratford Tribunal -UEL Guilty as Charged

Dr C. D'Silva, M.Sc., Ph.D., F.R.S.C.

An Employment Tribunal found the UEL guilty of direct racial discrimination. Dr Melhotra approached his Union UCU and the Commission on Racial Equality for assistance but they refused to assist him by giving him generic response that his case was not strong to merit assistance. However, this did not dissuade Dr Malhotra from pursuing his claim on his own. He represented himself at the Tribunal with some assistance from the Council for Ethnic Minority, Dr S. Deman and Dr C. D'Silva. On 11 March 2008 the Tribunal unanimously found the UEL guilty of racial discrimination by a Stratford Tribunal conisted of Mr M F Haynes, Mr. T Osborne and Ms M Long.

The Respondent appealed the decision in the EAT. Dr Malhotra having been bullied by HHJ Peter Clarke and the Respondent's counsel and solicitors they settled the matter out of court for an undisclosed amount of money. It is worth reporting Dr Malhotra's ordeal at the EAT:-

Re: Heart bypass surgery and case against University of East London.
Friday, 27 March, 2009 2:59 PM
From:virender.malhotra@talktalk.netAdd sender to Contacts
To:"'SureshDeman'","'ClaudiusD'SILVA"' C.Dsilva@mmu.ac.uk>
Cc: virendernathmalhotra@yahoo.co.uk, virender.malhotra@talktalk.net

Dear Suresh and Claudius,

Myself v University of East London .

I have written to Justice Underhill who is the current President of EAT. I have requested the removal of Judge Peter Clark from my case. Some of the reasons given by me include the following.
· Judge Peter Clark is not following the overriding objectives issued in EAT’s Practice Directions.
· Judge Peter Clark is ignoring the directions / suggestions of likely recovery time i.e. about 8+ months given by two medical experts, a cancer surgeon and my GP, who are from the ethnic minorities.
· I have been bold to say that Judge Peter Clark is racially discriminatory by ignoring the advice furnished by two medical experts of ethnic origins. It was Judge Peter Clark who specially asked for their opinions etc.

End of the outcome of my letter/request.
I have not heard from EAT as yet.

My request to Suresh and Claudius.

Would you kindly let me know the names of other people of Indian/Ethnic background have found and complained against Judge P Clark? I know Suresh and Claudius are two of them but do not know the full name of Mr./Dr. Chaudhary. Are there more people? Please help me here if you can.

With best wishes to you both.
Dr. Virender Nath Malhotra.

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Dr D'Silva's Bumpy Ride at the EAT

Background

Judge Elias, President of EAT suddenly brought his Honeymoon with the University College Union (formerly known as AUT) to an end when he exposed himself to all those present at the EAT on the 20th June 2007 and revealed that he had been having social & professional intercourse with Mr Michael Scott, UCU senior solicitor and key respondent in a UCU case he was adjudicating. Mr Dale Martin of counsel from Littleton Chambers subsequently asked him to recuse himself. The revelation left those present stunned and shocking to judicial conscience. Despite his heinous acts Labour Party Justice Minster Jack Straw rewarded him by promoting him to Lordship.

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