Greenaway v. Westminster Healthcare Akab The London Mri Centre [2000] UKEAT 500_00_2411 (24 November 2000)

Greenaway v. Westminster Healthcare Akab The London Mri Centre [2000] UKEAT 500_00_2411 (24 November 2000)

It is arguable that the effective date of termination was 31 January 1999, not 29 January, and that the claims may have been presented in time. The Tribunal's approach to the just and equitable extension of time under the Race Relations Act is also arguable. These grounds should proceed to a full hearing.

Citation
[2000] UKEAT 500_00_2411
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
24 November 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing on specified grounds
Legal Topics
Constructive Dismissal, Unfair Dismissal, Race Discrimination, Statutory Time Limits, Extension of Time
Employment Law Discrimination Law Constructive Dismissal Unfair Dismissal Race Discrimination Statutory Time Limits Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the claim for unfair dismissal and race discrimination was presented within the statutory time limits
  2. 2 Whether the effective date of termination was 29 January or 31 January 1999
  3. 3 Whether an agreement to abbreviate the notice period affects the effective date of termination

Ratio Decidendi

It is arguable that the effective date of termination was 31 January 1999, not 29 January, and that the claims may have been presented in time. The Tribunal's approach to the just and equitable extension of time under the Race Relations Act is also arguable. These grounds should proceed to a full hearing.

Court Disposition

Appeal allowed to proceed to full hearing on specified grounds

Orders

  • Leave granted to amend Notice of Appeal as indicated
  • Amended Notice of Appeal to be filed within 14 days