Odukwe v The Partners of Hoare Lea Consulting Engineers: EAT 27 Jan 2012

EAT Jurisdictional Points : 2002 Act and Pre-Action Requirements – Claims under the Race Relations Act 1976 – Judge wrong to hold that employee had failed to lodge a relevant grievance for the purpose of section 32 of the Employment Act 2002 (dicta of Elias P in Martin v Class Security Installations Ltd that the relevant issue was one of mixed fact and law preferred to decision of Judge Burke QC in in Commotion Limited v Rutty); but correct to hold that the relevant claims were nevertheless out of time since the Claimant did not satisfy the conditions for an extension of time under regulation 15 of the Employment Act 2002 (Dispute Resolution) Regulations 2004 in relation to either his complaint about his dismissal or his ‘non-dismissal’ complaints – As regards the former, Towergate London Market Ltd v Harris distinguished – As regards the latter, held that the regime for extending time under regulation 15 did not permit a claimant to rely on a ‘dismissal complaint’ held that the Appellant could not rely on his dismissal, in respect of which the Tribunal had no jurisdiction, as the final term of a ‘an act continuing over a period’
Underhill P J
[2012] UKEAT 0547 – 10 – 2701
Race Relations Act 1976, Employment Act 2002, Employment Act 2002 (Dispute Resolution) Regulations 2004
England and Wales

Updated: 21 March 2021; Ref: scu.450516