Dandpat v University of Bath

By | 10th April 2017

Dandpat v University of Bath

University of Bath

Dandpat v University of Bath [2010] EWCA Civ 785

Renewed application for permission to appeal against refusal to grant interim relief in proceedings where the claimant believed he had been driven to resign after he made alleged protected disclosures. Application refused.

Case Nos: A2/2009/2536,

A2/2010/0908

Neutral Citation Number: [2010] EWCA Civ 785

IN THE COURT OF APPEAL (CIVIL DIVISION)

ON APPEAL FROM THE EMPLOYMENT APPEAL TRIBUNAL

(MR JUSTICE UNDERHILL)

Royal Courts of Justice

Strand, London, WC2A 2LL

Date: Friday, 11th June 2010

Before:

LADY JUSTICE SMITH

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DANDPAT (Appellant)

– and –

UNIVERSITY OF BATH & ORS (Respondent)

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(DAR Transcript of

WordWave International Limited

A Merrill Communications Company

165 Fleet Street, London EC4A 2DY

Tel No: 020 7404 1400 Fax No: 020 7831 8838

Official Shorthand Writers to the Court)

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THE APPELLANT APPEARED IN PERSON.

THE RESPONDENT DID NOT APPEAR AND WAS NOT REPRESENTED.

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Approved Judgment
Crown Copyright©

Lady Justice Smith:

1. This is a renewed application for permission to appeal against two decisions of Underhill J, the President of the Employment Appeal Tribunal (“EAT”) on appeal from interlocutory decisions of an Employment Tribunal (“ET”) sitting in Southampton, both applications arising from the same underlying claims brought in the ET which have yet to be heard.

2. The background needs to be explained only briefly. On 1 November 2007 Mr Dandpat commenced employment with the University of Bath as a knowledge transfer partner. This was a post funded by government, by which it was intended to facilitate the transfer of technical knowledge from the University to commercial organisations – in his case, to TUV Product Service Limited, and possibly also AEA Technology PLC. The contract was for a fixed term of two years.

3. It appears, putting it neutrally, that matters did not go well between Mr Dandpat and TUV Product Service Limited from an early stage. Mr Dandpat alleges that, at a very early stage, his immediate line manager at TUV, where he was based, assaulted him physically on a number of occasions and racially abused him. He did not wish at that stage to complain about the physical abuse, although he did complain about inappropriate remarks and attitudes which he felt were exhibited by more than one person (including Dr Howard, a senior employee of the University) in respect of his (Mr Dandpat’s) wife. Mr Dandpat is of Indian origin, has converted to Christianity and is married to a white English woman. They are clearly a devoted couple and Mrs Dandpat has supported and assisted her husband very effectively during the two hearings before me. I can accept that if any remarks were indeed made about his wife, that would be most distressing to Mr Dandpat. Mr Dandpat alleges that, because of these complaints, which he says amounted to protected disclosures, the University decided to get rid of him.

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