EAT Jurisdictional Points: Extension of Time: Just and Equitable – Having found that the Claimant had suffered direct race discrimination/harassment in having been called a ‘fucking black monkey’ by another employee of the Respondent, the ET ruled that the incident in question had occurred more than three months before the Claimant had lodged his ET claim and was thus out of time. The Claimant had not adduced evidence as to why it would be just and equitable to extend time, and the ET did not consider it would give such an extension in those circumstances.
On the Claimant’s appeal and upon the Respondent not resisting the appeal.
Held: allowing the appeal.
The issue as to the applicability of any time limits and whether it would be just and equitable to grant an extension of time had been considered and determined by a different Employment Judge at an earlier Preliminary Hearing. Although the ET at the Full Merits Hearing had made reference to this in its Judgment, it had apparently lost sight of this point and had itself turned to consider the issue again. The Claimant had not been required to adduce evidence to warrant a just and equitable extension of time as this issue had previously been determined in his favour. The appeal would be allowed and (applying Sinclair Roche and Temperley v Heard [2004] IRLR 763) the matter remitted to the same ET to determine remedy.
Eady QC HHJ
[2016] UKEAT 0030 – 16 – 1804
Bailii
England and Wales
Employment
Updated: 17 January 2022; Ref: scu.565119