Jack v Pinkerton Security Services Ltd [2001] EWCA Civ 697 (3 May 2001)

Jack v Pinkerton Security Services Ltd [2001] EWCA Civ 697 (3 May 2001)

There was no evidence of a regime, rule, practice or policy of discrimination by the respondent at the material time. The Employment Tribunal's findings that there was no discrimination, victimisation, or wrongful dismissal were findings of fact, not perverse, and not open to challenge on appeal. The complaints relating to earlier events were out of time and not saved by the continuing act doctrine.

Citation
[2001] EWCA Civ 697
Parties
Applicant: William M Jack; Respondent: Pinkerton Security Services Ltd
Jurisdiction
England and Wales
Judgment Date
03 May 2001
Procedural Posture
Employment Discrimination Appeal / Application for Permission to Appeal to Court of Appeal From Employment Appeal Tribunal
Outcome
Application for permission to appeal dismissed
Legal Topics
Race Discrimination, Victimisation, Wrongful Dismissal, Continuing Act Doctrine, Time Limits for Claims
Employment Law Discrimination Law Race Discrimination Victimisation Wrongful Dismissal Continuing Act Doctrine Time Limits for Claims

Case Brief

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Parties

William M Jack

Applicant

Pinkerton Security Services Ltd

Respondent

Procedural Posture

Employment Discrimination Appeal / Application for Permission to Appeal to Court of Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether the applicant was subject to race discrimination and victimisation by the respondent
  2. 2 Whether the applicant was wrongfully dismissed
  3. 3 Whether the acts complained of constituted a 'continuing act' for the purposes of limitation under the Race Relations Act 1976

Ratio Decidendi

There was no evidence of a regime, rule, practice or policy of discrimination by the respondent at the material time. The Employment Tribunal's findings that there was no discrimination, victimisation, or wrongful dismissal were findings of fact, not perverse, and not open to challenge on appeal. The complaints relating to earlier events were out of time and not saved by the continuing act doctrine.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Application dismissed
  • No order for costs