EAT Race Discrimination : Direct – HARASSMENT – Conduct – JURISDICTIONAL POINTS – Extension of time: just and equitable
The Claimant made 5 complaints of victimisation, harassment and/or direct discrimination on the grounds of race. The Employment Tribunal dismissed her 4 claims of direct discrimination and the EAT dismissed appeals against two of those, the other two not being appealed. The Tribunal upheld the Claimant’s claim of harassment but held it was not just and equitable to extend time to allow that claim to be made. It considered relevant factors under Keeble, and did not need to consider whether a fair trial was possible since it did actually make findings in her favour. The Tribunal’s finding in favour of the Claimant on victimisation for having lodged a grievance was set aside and the issue remitted to the same Employment Tribunal for it had failed to make clear findings on who made the relevant decision, whether a hypothetical comparator should be constructed and whether there was a connection between the decision and the protected act, given the breach of internal rules for which the Claimant was suspended.
Judges:
McMullen QC J
Citations:
[2012] UKEAT 0441 – 11 – 0911
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 12 November 2022; Ref: scu.468959