Khan v Royal Mail Plc [2006] EWCA Civ 2 (17 January 2006)

Khan v Royal Mail Plc [2006] EWCA Civ 2 (17 January 2006)

Mrs Khan did not make a claim for discrimination or victimisation in respect of the internal appeals process in her originating application or before the tribunal; therefore, the tribunal was correct to hold the application out of time, and no error of law arose.

Citation
[2006] EWCA Civ 2
Parties
Appellant: Mrs Yasmin Khan; Respondent: Royal Mail PLC
Jurisdiction
England and Wales
Judgment Date
17 January 2006
Procedural Posture
Appeal From Employment Appeal Tribunal / Permission to Appeal and Substantive Appeal on Time Limit Issue
Outcome
Appeal dismissed; permission to appeal refused
Legal Topics
Race Discrimination, Victimisation, Time Limits, Jurisdiction, Internal Appeals Process
Employment Law Discrimination Law Race Discrimination Victimisation Time Limits Jurisdiction Internal Appeals Process

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Yasmin Khan

Appellant

Royal Mail PLC

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Permission to Appeal and Substantive Appeal on Time Limit Issue

Legal Issues

  1. 1 Whether the claim for race discrimination and victimisation was lodged in time under section 68(1) of the Race Relations Act 1976
  2. 2 Whether time began to run from the date of dismissal or from the conclusion of the internal appeals process
  3. 3 Whether a new legal point can be raised for the first time on appeal

Ratio Decidendi

Mrs Khan did not make a claim for discrimination or victimisation in respect of the internal appeals process in her originating application or before the tribunal; therefore, the tribunal was correct to hold the application out of time, and no error of law arose.

Court Disposition

Appeal dismissed; permission to appeal refused

Orders

  • Second originating application stands dismissed for want of jurisdiction