Szmidt v AC Produce Imports Ltd: EAT 9 Jan 2015

EAT Jurisdictional Points: Extension of Time: Just and Equitable
Whether time should be extended in respect of a single act of discrimination on racial grounds (found by the Employment Tribunal to have been made out). In refusing to extend time the Employment Tribunal failed to balance prejudice to the Claimant (loss of a valid claim) with prejudice (if any) to the Respondent as part of the exercise of discretion: see British Coal Corporation v Keeble [1997] IRLR 336, paragraph 8. The Claimant’s appeal allowed and point remitted to the same Employment Tribunal for reconsideration in light of the EAT Judgment.

Peter Clark HHJ
[2015] UKEAT 0291 – 14 – 0901
Bailii
England and Wales

Employment, Discrimination

Updated: 28 December 2021; Ref: scu.543476