Henry v London Borough of Newham [2004] EWCA Civ 377 (05 March 2004)

Henry v London Borough of Newham [2004] EWCA Civ 377 (05 March 2004)

The Employment Tribunal did not err in law; it properly examined the substance of the complaints, made justified findings of fact, and correctly concluded there was no continuing act of discrimination nor evidence of racial discrimination by the respondent.

Citation
[2004] EWCA Civ 377
Parties
Appellant/claimant: Keith Henry; Respondent/defendant: London Borough of Newham
Jurisdiction
England and Wales
Judgment Date
05 March 2004
Procedural Posture
Appeal From Employment Appeal Tribunal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Time Limits, Continuing Acts, Employment Tribunal Procedure
Employment Law Discrimination Law Racial Discrimination Time Limits Continuing Acts Employment Tribunal Procedure

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 3 Party arguments 2
Sign in to unlock

Parties

Keith Henry

Appellant/claimant

London Borough of Newham

Respondent/defendant

Procedural Posture

Appeal From Employment Appeal Tribunal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in applying the test for continuing acts under section 68(7)(b) of the Race Relations Act 1976
  2. 2 Whether the Tribunal failed to consider cumulative evidence of discrimination
  3. 3 Whether the findings of fact regarding monitoring and complaints were justified

Ratio Decidendi

The Employment Tribunal did not err in law; it properly examined the substance of the complaints, made justified findings of fact, and correctly concluded there was no continuing act of discrimination nor evidence of racial discrimination by the respondent.

Court Disposition

Appeal dismissed

Orders

  • Respondent awarded costs against appellant personally up to 3rd March inclusive
  • Section 11 order from 3rd March onwards; contribution to be determined by cost judge