EAT The appellant lodged claims under the Race Relations Act 1976 against the First Respondent. He contended they were in time. The ET held that they had been lodged a day out of time and refused to extend time on the just and equitable ground. The EAT held that the chairman was right to find that the claim was lodged out of time but that in the circumstances of the case on any reasonable exercise of discretion, time should have been extended. Accordingly, the EAT granted an extension and remitted the case to be heard on its merits.
The claim against the Second Respondent was three months out of time. The Tribunal refused to extend time. The EAT held that the approach of the chairman involved an error of law and remitted the issue to a different chairman to determine whether to extend time or not.
Judges:
The Honourable Mr Justice Elias (President)
Citations:
[2006] UKEAT 0373 – 06 – 1810, UKEAT/0373/06
Links:
Statutes:
Citing:
Cited – Chohan v Derby Law Centre EAT 2-Mar-2004
EAT Employment Tribunal claim brought out of time because of Solicitor’s negligent advice. Application of British Coal Corporation -v- Keeble [1999] IRLR 337. . .
Cited by:
Cited – Novak v Phones 4U Ltd EAT 14-Sep-2012
EAT Race Discrimination : Continuing Act – The Claimant complained of entries made on Facebook by work colleagues, said to be acts of discrimination on the grounds of disability and nationality. He was found to . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 11 July 2022; Ref: scu.257994