korashi_lhbEAT2011
EAT VICTIMISATION DISCRIMINATION – Whistleblowing
RACE DISCRIMINATION – Direct
JURISDICTIONAL POINTS – Claim in time and effective date of termination
PRACTICE AND PROCEDURE
New evidence on appeal
Appellate jurisdiction/reasons/Burns-Barke
The Employment Tribunal correctly dismissed PIDA claims as having failed to meet one or other of the conditions in Employment Rights Act 1996 s 47B 47C 47G and 47H, and further some were presented more than three months after the act of detriment (not the date of disclosure).
It was open to the Employment Tribunal to dismiss claims of discrimination and victimisation under RRA 1976.
The EAT refused to allow new evidence on appeal. For the future, such applications should be made first to the Employment Tribunal.
The Court of Appeal having approved the request for further reasons, and seen the Employment Tribunal’s answers, the Employment Tribunal did not overstep the proper ambit and the two sets of reasons were read as one.
McMullen QC J
[2011] UKEAT 0424 – 09 – 1208
Bailii
Race Relations Act 1976, Employment Rights Act 1996 47B 47C 47G 47H
England and Wales
Employment, Discrimination
Updated: 01 November 2021; Ref: scu.444027