Charles v Tesco Stores Ltd [2012] EWCA Civ 1663 (14 December 2012)

Charles v Tesco Stores Ltd [2012] EWCA Civ 1663 (14 December 2012)

The Employment Tribunal and Employment Appeal Tribunal erred in law by treating the identification of the complaint as a finding of primary fact rather than a matter of construction of the ET1. On a fair and reasonable reading, the ET1 included a complaint of discrimination on 17 August 2010, making the complaint in time.

Citation
[2012] EWCA Civ 1663
Parties
Appellant: Mr Gregory Charles; Respondent: Tesco Stores Limited
Jurisdiction
England and Wales
Judgment Date
14 December 2012
Procedural Posture
Employment Discrimination Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Race Discrimination, Victimisation, Time Limits for Claims, Construction of Pleadings
Employment Law Discrimination Law Race Discrimination Victimisation Time Limits for Claims Construction of Pleadings

Case Brief

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Parties

Mr Gregory Charles

Appellant

Tesco Stores Limited

Respondent

Procedural Posture

Employment Discrimination Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding the complaint was out of time
  2. 2 Whether the ET1 included a complaint of discrimination on 17 August 2010
  3. 3 Whether the identification of the complaint was a question of fact or law

Ratio Decidendi

The Employment Tribunal and Employment Appeal Tribunal erred in law by treating the identification of the complaint as a finding of primary fact rather than a matter of construction of the ET1. On a fair and reasonable reading, the ET1 included a complaint of discrimination on 17 August 2010, making the complaint in time.

Court Disposition

Appeal allowed

Orders

  • The appeal is allowed.
  • The matter is remitted for hearing of the complaint by the Employment Tribunal.