Tracey Smith v The Restaurant Group (UK) Ltd

Tracey Smith v The Restaurant Group (UK) Ltd

The tribunal was correct in holding that the first early conciliation certificate was valid, the claim was out of time, and Sera Garau remains good law. The tribunal properly exercised its discretion in refusing to extend time, having regard to all relevant factors.

Source-derived case information.

Parties
Appellant: Ms Tracey Smith; Respondent: The Restaurant Group (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
11 January 2024
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal refused
Legal Topics
Disability Discrimination, Time Bar, Early Conciliation, Unauthorised Deduction of Wages, Extension of Time
Employment Law Discrimination Law Disability Discrimination Time Bar Early Conciliation Unauthorised Deduction of Wages Extension of Time

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Ms Tracey Smith

Appellant

The Restaurant Group (UK) Ltd

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the claim was time barred due to reliance on the first or second early conciliation certificate
  2. 2 Whether the tribunal erred in not exercising discretion to extend time for presenting the claim
  3. 3 Whether Sera Garau remains good law in light of Sainsbury’s Supermarkets Ltd v Clark

Ratio Decidendi

The tribunal was correct in holding that the first early conciliation certificate was valid, the claim was out of time, and Sera Garau remains good law. The tribunal properly exercised its discretion in refusing to extend time, having regard to all relevant factors.

Court Disposition

appeal refused