Charles v Tesco Stores Ltd

Charles v Tesco Stores Ltd

The ET and EAT erred in law by construing the ET1 as not including a complaint of discrimination on 17 August 2010; the ET1, read fairly and reasonably, did include such a complaint, and the complaint was therefore presented in time.

Parties
Appellant: Mr Gregory Charles; Respondent: Tesco Stores Limited
Jurisdiction
England and Wales
Judgment Date
14 December 2012
Procedural Posture
Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
Appeal allowed
Legal Topics
Race Discrimination, Victimisation, Time Limits for Employment Claims
Employment Law Discrimination Law Race Discrimination Victimisation Time Limits for Employment Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Gregory Charles

Appellant

Tesco Stores Limited

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the complaint of race discrimination was presented within the statutory time limit
  2. 2 Whether the ET and EAT erred in law in construing the ET1 as not including a complaint about the 17 August 2010 event

Ratio Decidendi

The ET and EAT erred in law by construing the ET1 as not including a complaint of discrimination on 17 August 2010; the ET1, read fairly and reasonably, did include such a complaint, and the complaint was therefore presented in time.

Court Disposition

Appeal allowed

Orders

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