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I have tirelessly made applications to the Court of Appeal to reopen a final employment appeal but Mummery LJ has refused them all. Can I make a further appeal in the Supreme Court or do I now need to make an application to the European Court of Human Rights?
Hello and thank you for your question, which I will be happy to assist you with. Please let me know why these appeals have been refused?
Most of the appeals were refused because they showed no grounds for reopening a final appeal but my very last application did set out two grounds but the judge simple said "there is no basis, in fact or in law, to reopen the appeal".
what is the claim for?
Unfair dismissal for making a protected disclosure
you can't take an appeal to the Supreme court unless you have an order against you from the Court of Appeal. However to do so you need to get the permission of the Court of Appeal because otherwise you won't be allowed to appeal. Going to the ECHR is going to be a very complex matter and I am not sure if this will happen just because you have not been given the right to appeal. This explains how and when you can do it in more detail:
http://www.yourrights.org.uk/yourrights/the-human-rights-act/taking-a-case-to-the-european-court-of-human-rights.html
Just quickly read the ECHR. What options, if any, are there left for me in the UK? My grounds clearly stated that the Tribunal had made incorrect findings of fact and this was clearly shown to the Court of Appeal in the form of the Chairman's notes.
Did you go through the EAT?
Yes
It's not looking great unfortunately - you do need the permission of the courts to appeal and if that is denied then your options are rather limited. There is only that many things you can try. Not sure if you have seen this but it explains the full appeals process in the UK judicial system:
http://www.findlaw.co.uk/law/dispute_resolution/litigation/post_trial/500235.html
Thank you. I thought my case had a high chance of winning as the ERA clearly states that an employee shall be considered unfairly dismissed for making a protected disclosure if the principle reason is shown, in my case, there was 100% evidence showing just that.
Experience: Expert in UK Employment Law