Orchid Pubs Ltd v. Griffiths [2008] UKEAT 0259_08_2509 (25 September 2008)

The Tribunal erred in law by failing to consider the significance of the delay between the correct appreciation of the time limit in October and the actual submission of the application in December; the matter must be reconsidered by a different Chairman.

Citation: [2008] UKEAT 0259_08_2509
Parties: Appellant: Appellant; Respondent: Respondent
Jurisdiction: United Kingdom
Judgment Date: 25 September 2008
Procedural Posture: Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome: Appeal allowed; matter remitted for reconsideration
Legal Topics: Extension of Time, Just and Equitable Discretion, Race Discrimination, Procedural Fairness

Employment Law Discrimination Law Extension of Time Just and Equitable Discretion Race Discrimination Procedural Fairness

Case Brief

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Parties

Appellant

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

1 Whether the Employment Tribunal erred in exercising its discretion to extend time for submission of the Originating Application under section 68 of the Race Relations Act 1976
2 Whether the Tribunal failed to consider the significance of the delay between October and December 2007

Ratio Decidendi

Court Disposition

Appeal allowed; matter remitted for reconsideration

Orders

Remitted to a different Chairman to reconsider the effect of the delay between October and December 2007