Okoro & Anor v. Taylor Woodrow Construction Ltd & Ors [2010] UKEAT 0318_10_0612 (6 December 2010)

Okoro & Anor v. Taylor Woodrow Construction Ltd & Ors [2010] UKEAT 0318_10_0612 (6 December 2010)

The appeal against the refusal of postponement was in time because no written order or reasons were provided; the Employment Judge did not err in refusing postponement as the parties were ready for the pre-hearing review; the claims were out of time unless a continuing act is established, which is reasonably arguable and requires a full hearing; the wasted costs order appeal should be heard after the continuing act issue is decided.

Citation
[2010] UKEAT 0318_10_0612
Parties
Appellants: Claimants; Respondents: Respondents
Jurisdiction
United Kingdom
Judgment Date
06 December 2010
Procedural Posture
Employment Appeal Tribunal Appeal / Preliminary Hearing on Appeal Against Employment Tribunal Pre Hearing Review Judgment and Wasted Costs Order
Outcome
Appeal on postponement and continuing act point allowed to proceed to full hearing; appeal on other grounds dismissed; wasted costs order appeal adjourned to be heard with full hearing.
Legal Topics
Postponement or Stay of Proceedings, Appellate Jurisdiction, Race Discrimination, Continuing Act Doctrine, Employment Status, Statutory Grievance Procedure, Extension of Time, Wasted Costs
Employment Law Discrimination Law Civil Procedure Postponement or Stay of Proceedings Appellate Jurisdiction Race Discrimination Continuing Act Doctrine Employment Status +3 more

Case Brief

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Parties

Claimants

Appellants

Respondents

Respondents

Procedural Posture

Employment Appeal Tribunal Appeal / Preliminary Hearing on Appeal Against Employment Tribunal Pre Hearing Review Judgment and Wasted Costs Order

Legal Issues

  1. 1 Whether the appeal against refusal of postponement was in time
  2. 2 Whether the Employment Judge erred in refusing postponement
  3. 3 Whether the claims were out of time and if extension should be granted

Ratio Decidendi

The appeal against the refusal of postponement was in time because no written order or reasons were provided; the Employment Judge did not err in refusing postponement as the parties were ready for the pre-hearing review; the claims were out of time unless a continuing act is established, which is reasonably arguable and requires a full hearing; the wasted costs order appeal should be heard after the continuing act issue is decided.

Court Disposition

Appeal on postponement and continuing act point allowed to proceed to full hearing; appeal on other grounds dismissed; wasted costs order appeal adjourned to be heard with full hearing.

Orders

  • Permission granted for full hearing on continuing act issue and wasted costs order.
  • Other grounds of appeal dismissed.