Argenio v NEC Group Ltd. & Anor [2003] EWCA Civ 523 (25 March 2003)

Argenio v NEC Group Ltd. & Anor [2003] EWCA Civ 523 (25 March 2003)

Paragraph 5 of the originating application did not set out facts sufficient to constitute a valid complaint under the Disability Discrimination Act 1995; no causal connection between dyslexia and dismissal or suspension was pleaded; the claim was not made within the statutory time limit and it was not just and equitable to allow it to proceed.

Citation
[2003] EWCA Civ 523
Parties
Claimant/appellant: Carmelo Argenio; Defendant/respondent: NEC Group Ltd; Defendant/respondent: Symphony Hall, Birmingham
Jurisdiction
England and Wales
Judgment Date
25 March 2003
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Race Discrimination, Unfair Dismissal, Time Limits for Claims
Employment Law Discrimination Law Disability Discrimination Race Discrimination Unfair Dismissal Time Limits for Claims

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Parties

Carmelo Argenio

Claimant/appellant

NEC Group Ltd

Defendant/respondent

Symphony Hall, Birmingham

Defendant/respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether facts pleaded in originating application supported a claim under the Disability Discrimination Act 1995
  2. 2 Whether the claim for disability discrimination was out of time
  3. 3 Whether the Tribunal should exercise discretion to allow the claim to proceed

Ratio Decidendi

Paragraph 5 of the originating application did not set out facts sufficient to constitute a valid complaint under the Disability Discrimination Act 1995; no causal connection between dyslexia and dismissal or suspension was pleaded; the claim was not made within the statutory time limit and it was not just and equitable to allow it to proceed.

Court Disposition

Appeal dismissed

Orders

  • Appeal refused
  • Costs summarily assessed at £10,000 inclusive of VAT