EAT Practice and Procedure : Amendment – Case management – Striking-out/dismissal – Preliminary issues – Disposal of appeal including remission – RACE DISCRIMINATION – Inferring discrimination – RACE DISCRIMINATION – Contract workers – RACE DISCRIMINATION – Protected by s41 – JURISDICTIONAL POINTS – Claim in time and effective date of termination – JURISDICTIONAL POINTS – Extension of time: just and equitable – HARASSMENT
The employee appealed against the striking out, on various grounds, of his entire claim for race discrimination and harassment. The appeal was allowed in part. The Employment Appeal Tribunal (‘the EAT’) upheld the decision of the Employment Tribunal (‘the ET’) to refuse permission to amend the claim, and (if an extension of time was necessary) to refuse to extend time for bringing aspects of the claim. The EAT held that the ET had erred in holding that all the pleaded allegations were out of time. The EAT also held that there was sufficient doubt over the adequacy of the ET’s reasons for striking out some claims on the grounds that they had no reasonable prospects of success, and for striking out the claims against certain respondents, to mean that those aspects of the claim should be remitted for reconsideration. The EAT held that they should be remitted to a different ET, on the grounds that the ET had dismissed an application for reconsideration of its decision without giving any reasons for it.
Elisabeth Laing J
[2015] UKEAT 0068 – 15 – 0508
Bailii
England and Wales
Employment
Updated: 03 January 2022; Ref: scu.551016