Siddiki v Barfield Group Ltd

An employment tribunal’s jurisdiction does not extend to a proposed breach of commercial contract claim that is not an employment claim. The Court of Appeal cannot direct that such a matter be transferred to the county court. Permission to appeal requires an arguable ground showing a basis for intervention in the decisions below. Where no such ground is shown, the application is refused.

The applicant had been referred to the respondent for assistance in establishing a takeaway food business. The Employment Tribunal for London South dismissed his complaint of racial discrimination under section 13 of the Race Relations Act 1976 on 6 July 2000. The Employment Appeal Tribunal dismissed his appeal at a preliminary hearing on 18 June 2001. Before the Court of Appeal, the applicant said that his real complaint was breach of commercial contract and sought permission to appeal, together with a direction that the matter be sent to the county court.

Lord Justice Pill refused the application for permission to appeal.

1. The applicant’s real complaint, as explained to the court, concerned an alleged breach of commercial contract. The Employment Tribunal had no jurisdiction to determine that claim, and the applicant had never alleged that he had a contract of employment.
2. The proceedings before the Employment Tribunal had instead involved a complaint of racial discrimination. The Employment Appeal Tribunal had considered the applicant’s complaints and found no arguable error of law, prejudice or bias. The Court of Appeal saw no basis for reversing either decision.
3. The Court had no jurisdiction to direct that the matter be pursued in the county court, and such a direction would not have been appropriate. The applicant had received advice that a county court claim might be available, but Lord Justice Pill expressed no view on its merits and noted that a limitation period applied.
4. There was no arguable ground of appeal. The court declined to remain seized of the matter and ordered: application refused.

1. Court of Appeal (Civil Division) — On 26 April 2002, the application for permission to appeal was refused: [2002] EWCA Civ 637.
2. Employment Appeal Tribunal — On 18 June 2001, at a preliminary hearing, the appeal from the Employment Tribunal was dismissed because no arguable error of law, prejudice or bias was identified.
3. Employment Tribunal for London South — On 6 July 2000, the tribunal unanimously found that racial discrimination had not been proved.