Argenio v NEC Group Ltd. & Anor

Argenio v NEC Group Ltd. & Anor

The originating application did not plead facts sufficient to constitute a claim under the Disability Discrimination Act 1995; the reference to dyslexia was only an explanation for wanting to tape-record a meeting, not an allegation of discrimination. The attempt to introduce a disability discrimination claim was made long out of time and it was not just and equitable to allow it to proceed.

Parties
Appellant: Carmelo Argenio; Respondents: NEC Group Ltd & Anr
Jurisdiction
England and Wales
Judgment Date
25 March 2003
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Disability Discrimination, Unfair Dismissal, Race Discrimination, Limitation Periods, Procedural Fairness
Employment Law Discrimination Law Disability Discrimination Unfair Dismissal Race Discrimination Limitation Periods Procedural Fairness

Case Brief

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Parties

Carmelo Argenio

Appellant

NEC Group Ltd & Anr

Respondents

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the facts pleaded in the originating application were sufficient to constitute a claim under the Disability Discrimination Act 1995
  2. 2 Whether the claim for disability discrimination was out of time and whether it was just and equitable to allow it to proceed

Ratio Decidendi

The originating application did not plead facts sufficient to constitute a claim under the Disability Discrimination Act 1995; the reference to dyslexia was only an explanation for wanting to tape-record a meeting, not an allegation of discrimination. The attempt to introduce a disability discrimination claim was made long out of time and it was not just and equitable to allow it to proceed.

Court Disposition

Appeal dismissed

Orders

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