Harden V Wootlif & Anor (Jurisdictional Points : Extension of time: just and equitable) [2015] UKEAT 0448_14_1504 (15 April 2015)

Harden V Wootlif & Anor (Jurisdictional Points : Extension of time: just and equitable) [2015] UKEAT 0448_14_1504 (15 April 2015)

The Employment Judge erred in law by failing to consider the just and equitable extension of time for the harassment claim separately in respect of the Second Respondent, as the determinative factor applied only to the First Respondent who faced other claims.

Citation
[2015] UKEAT 0448_14_1504
Parties
Appellant/second Respondent: Richard Harden; Employer: First Respondent; Chairman of First Respondent: Second Respondent
Jurisdiction
United Kingdom
Judgment Date
15 April 2015
Procedural Posture
Employment Appeal / Appeal Against Extension of Time for Harassment Claim
Outcome
Appeal allowed
Legal Topics
Extension of Time, Harassment, Discrimination, Jurisdiction, Just and Equitable Discretion
Employment Law Equality Law Extension of Time Harassment Discrimination Jurisdiction Just and Equitable Discretion

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Parties

Richard Harden

Appellant/second Respondent

First Respondent

Employer

Second Respondent

Chairman of First Respondent

Procedural Posture

Employment Appeal / Appeal Against Extension of Time for Harassment Claim

Legal Issues

  1. 1 Whether the Employment Judge erred in law by not considering the just and equitable extension of time separately for each Respondent under Equality Act 2010, section 123(1)(b)

Ratio Decidendi

The Employment Judge erred in law by failing to consider the just and equitable extension of time for the harassment claim separately in respect of the Second Respondent, as the determinative factor applied only to the First Respondent who faced other claims.

Court Disposition

Appeal allowed

Orders

  • Employment Judge's decision to extend time for harassment claim against Second Respondent set aside