EAT PRACTICE AND PROCEDURE
New evidence on appeal
Striking-out/dismissal
RACE DISCRIMINATION – Continuing act
Fresh evidence on appeal – continuing act – ET rule 18(7)(b) strike-out.
Fresh evidence admitted to show that final complaint was in time, but that earlier complaints did not form part of a continuing act (separate job applications by non-employee). Final complaint properly struck out as having no reasonable prospect of success, albeit a complaint of race discrimination.
Judges:
Peter Clark J
Citations:
[2011] UKEAT 0491 – 10 – 1703
Links:
Jurisdiction:
England and Wales
Employment
Updated: 04 September 2022; Ref: scu.430661