Ford Motor Company Ltd v Shah & Ors [1995] UKEAT 530_95_0310 (3 October 1995)

Ford Motor Company Ltd v Shah & Ors [1995] UKEAT 530_95_0310 (3 October 1995)

The Tribunal correctly construed the originating applications as relating to both the rejection in the recruitment process and the grievance procedure, and the discrimination was an act extending over a period while the grievance was ongoing. Therefore, the complaints were not out of time and the Tribunal did not err in granting leave to amend.

Citation
[1995] UKEAT 530_95_0310
Parties
Appellants: Mr N A Shah and six other applicants; Respondents: Ford Motor Company Limited
Jurisdiction
United Kingdom
Judgment Date
03 October 1995
Procedural Posture
Appeal Against Interlocutory Order (industrial Tribunal) / Appeal From Order Granting Leave to Amend Originating Application
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Amendment of Pleadings, Jurisdiction of Industrial Tribunal, Limitation Periods
Employment Law Discrimination Law Race Discrimination Amendment of Pleadings Jurisdiction of Industrial Tribunal Limitation Periods

Case Brief

Summary, issues, holding and outcome

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Parties

Mr N A Shah and six other applicants

Appellants

Ford Motor Company Limited

Respondents

Procedural Posture

Appeal Against Interlocutory Order (industrial Tribunal) / Appeal From Order Granting Leave to Amend Originating Application

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in granting leave to amend originating applications to include new grounds of race discrimination
  2. 2 Whether the complaints were out of time under Section 68(1) and (7)(b) of the Race Relations Act 1976
  3. 3 Whether the acts complained of constituted a continuing act extending over a period

Ratio Decidendi

The Tribunal correctly construed the originating applications as relating to both the rejection in the recruitment process and the grievance procedure, and the discrimination was an act extending over a period while the grievance was ongoing. Therefore, the complaints were not out of time and the Tribunal did not err in granting leave to amend.

Court Disposition

Appeal dismissed

Orders

  • Leave to amend originating applications upheld
  • Cases to be considered together as directed by the Tribunal