Alam v London Probation Trust: EAT 15 Mar 2012

EAT RACE DISCRIMINATION – Race Relations: jurisdiction
This appeal is concerned with the application of section 68 of the Race Relations Act 1976. The Employment Tribunal held, on a Pre-Hearing Review, that there was no reasonable prospect that a Tribunal would find the alleged acts of harassment that pre-date the Appellant’s dismissal could be found to be a continuing act including the dismissal itself. Further it held that it would not be just and equitable to extend time in respect of the allegations pre-dating the dismissal. It was common ground that the claim for unfair dismissal was presented within the three-month time limit.
The EAT decided that the ET had correctly applied the principles set out by the Court of Appeal in Hendricks v The Commissioner of Police for the Metropolis [2002] EWCA Civ 1686. There was no causal link between the decision to dismiss with any prior allegations of discrimination or harassment. The ET reached a conclusion that on the evidence was plainly open to it.
The Appellant’s challenge on the just and equitable ground was essentially a perversity challenge. The matters relied upon by the Appellant, individually and cumulatively, fell far short of making out this ground.
Supperstone J
[2012] UKEAT 0016 – 12 – 1503
England and Wales

Updated: 11 April 2021; Ref: scu.459909