De Souza v Manpower UK Ltd

De Souza v Manpower UK Ltd

The delay in filing was solely attributable to the applicant, who had legal advice and knowledge of the time limits. The Employment Tribunal properly considered all circumstances and found no sufficient reason to extend time. The error in the tribunal's expression regarding prejudice was immaterial and did not affect the outcome. There was no continuing act of discrimination alleged or established.

Parties
Applicant: De Souza; Respondent: Manpower UK Ltd
Jurisdiction
England and Wales
Judgment Date
17 December 2013
Procedural Posture
Civil Appeal / Application for Extension of Time and Permission to Appeal
Outcome
application refused
Legal Topics
Extension of Time, Race Discrimination, Employment Tribunal Procedure
Employment Law Discrimination Law Extension of Time Race Discrimination Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

De Souza

Applicant

Manpower UK Ltd

Respondent

Procedural Posture

Civil Appeal / Application for Extension of Time and Permission to Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to extend time for filing a race discrimination claim by one day
  2. 2 Whether the Employment Tribunal's reasoning on prejudice and the application of Keeble v British Coal Corporation was legally erroneous
  3. 3 Whether there was a continuing act of discrimination justifying an extension of time

Ratio Decidendi

The delay in filing was solely attributable to the applicant, who had legal advice and knowledge of the time limits. The Employment Tribunal properly considered all circumstances and found no sufficient reason to extend time. The error in the tribunal's expression regarding prejudice was immaterial and did not affect the outcome. There was no continuing act of discrimination alleged or established.

Court Disposition

application refused

Orders

  • Extension of time refused
  • Permission to appeal refused