Akinmolasire v Camden and Islington Mental Health NHS Trust [2004] EWCA Civ 1351 (06 October 2004)

Akinmolasire v Camden and Islington Mental Health NHS Trust [2004] EWCA Civ 1351 (06 October 2004)

The Employment Tribunal erred in finding for the applicant on a complaint (failure to investigate the October 2001 race discrimination complaint) that was not raised in the originating application or subsequent particulars; thus, the Tribunal's decision in the applicant's favour cannot stand.

Citation
[2004] EWCA Civ 1351
Parties
Appellant/respondent: Justinah Akinmolasire; Respondent/appellant: Camden and Islington Mental Health NHS Trust
Jurisdiction
England and Wales
Judgment Date
06 October 2004
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Procedural Fairness, Jurisdiction of Employment Tribunal, Continuing Acts, Time Limits for Claims
Employment Law Discrimination Law Race Discrimination Procedural Fairness Jurisdiction of Employment Tribunal Continuing Acts Time Limits for Claims

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Justinah Akinmolasire

Appellant/respondent

Camden and Islington Mental Health NHS Trust

Respondent/appellant

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding race discrimination based on a complaint not raised in the originating application
  2. 2 Whether the failure to investigate a race discrimination complaint constituted a 'continuing act' under the Race Relations Act 1976
  3. 3 Whether it was just and equitable to extend time for the complaint

Ratio Decidendi

The Employment Tribunal erred in finding for the applicant on a complaint (failure to investigate the October 2001 race discrimination complaint) that was not raised in the originating application or subsequent particulars; thus, the Tribunal's decision in the applicant's favour cannot stand.

Court Disposition

Appeal dismissed

Orders

  • The finding in the appellant's favour by the Employment Tribunal is set aside.