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  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.
 UKEAT 0016 – 12 – 1503
England and Wales
Updated: 11 April 2021; Ref: scu.459909