Bury Metro Racial Equality Council & Ors v Lyle [2008] UKEAT 0466_07_1103 (11 March 2008)

Bury Metro Racial Equality Council & Ors v Lyle [2008] UKEAT 0466_07_1103 (11 March 2008)

The Tribunal was entitled to find the 17 March 2006 letter was a statutory grievance; the claim was in time due to a continuing act; the Tribunal applied the correct legal principles regarding justification and lost earnings; the appeal disclosed no error of law and was dismissed.

Citation
[2008] UKEAT 0466_07_1103
Parties
Claimant: Ms Lyle; First Respondent/appellant: Bury Metro Racial Equality Council; Second Respondent/appellant: Ms Monaza Luqman; Third Respondent/appellant: Mr Sam Cohen
Jurisdiction
United Kingdom
Judgment Date
11 March 2008
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Limitation Period, Statutory Grievance Procedure, Disability Related Discrimination, Justification Under DDA
Employment Law Disability Discrimination Reasonable Adjustments Limitation Period Statutory Grievance Procedure Disability Related Discrimination Justification Under DDA

Case Brief

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Parties

Ms Lyle

Claimant

Bury Metro Racial Equality Council

First Respondent/appellant

Ms Monaza Luqman

Second Respondent/appellant

Mr Sam Cohen

Third Respondent/appellant

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the claimant's letter of 17 March 2006 constituted a statutory grievance under the 2004 Regulations
  2. 2 Whether the claim was presented within the limitation period
  3. 3 Whether the Employment Tribunal applied the correct test for justification under the Disability Discrimination Act 1995

Ratio Decidendi

The Tribunal was entitled to find the 17 March 2006 letter was a statutory grievance; the claim was in time due to a continuing act; the Tribunal applied the correct legal principles regarding justification and lost earnings; the appeal disclosed no error of law and was dismissed.

Court Disposition

Appeal dismissed

Orders

  • Permission to amend Notice of Appeal refused
  • Employment Tribunal's decision upheld