Henry v London Borough of Newham

Henry v London Borough of Newham

The Employment Tribunal did not err in law in its approach to the limitation period or the concept of a continuing act. The Tribunal made justified findings of fact, found no evidence of racial discrimination, and was entitled to conclude that the alleged acts were not part of a continuing discriminatory state of affairs. The Chief Executive's actions did not amount to discrimination. The appeal was dismissed.

Parties
Appellant/claimant: Keith Henry; Respondent/defendant: London Borough of Newham
Jurisdiction
England and Wales
Judgment Date
05 March 2004
Procedural Posture
Civil Appeal (employment/race Discrimination) / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Employment Tribunal Procedure, Limitation Periods, Continuing Acts Doctrine
Employment Law Discrimination Law Race Discrimination Employment Tribunal Procedure Limitation Periods Continuing Acts Doctrine

Case Brief

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Parties

Keith Henry

Appellant/claimant

London Borough of Newham

Respondent/defendant

Procedural Posture

Civil Appeal (employment/race Discrimination) / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in its approach to the limitation period and the concept of a continuing act under section 68(7)(b) of the Race Relations Act 1976
  2. 2 Whether the findings of fact regarding monitoring and alleged discriminatory acts were justified
  3. 3 Whether the failure of the Chief Executive to investigate a whistleblowing complaint amounted to racial discrimination

Ratio Decidendi

The Employment Tribunal did not err in law in its approach to the limitation period or the concept of a continuing act. The Tribunal made justified findings of fact, found no evidence of racial discrimination, and was entitled to conclude that the alleged acts were not part of a continuing discriminatory state of affairs. The Chief Executive's actions did not amount to discrimination. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent awarded costs against the appellant personally up to 3rd March inclusive