Neckles v. Yorkshire Rider Ltd (t/a First Huddersfield) [2001] UKEAT 517_00_0102 (1 February 2001)

Neckles v. Yorkshire Rider Ltd (t/a First Huddersfield) [2001] UKEAT 517_00_0102 (1 February 2001)

The Tribunal was entitled to treat the principle from Henderson v Henderson as decisive, finding it was not just and equitable to allow the claim to proceed since the substantive grievance had already been investigated in earlier proceedings, and the failure to raise the racial discrimination claim earlier did not affect the justice of the matter.

Citation
[2001] UKEAT 517_00_0102
Parties
Appellant: Appellant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
01 February 2001
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Victimisation, Time Limits, Abuse of Process
Employment Law Equality Law Race Discrimination Victimisation Time Limits Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in refusing to admit the complaint outside the time limit on the ground that it was just and equitable to do so, solely on the ground that the Appellant was seeking to resurrect an issue which had already been decided against him by another Tribunal
  2. 2 Whether in exercising their discretion the Employment Tribunal erred in failing to consider the position of Mr Marshall and his dismissal for gross misconduct with notice pay, and whether this was a new matter

Ratio Decidendi

The Tribunal was entitled to treat the principle from Henderson v Henderson as decisive, finding it was not just and equitable to allow the claim to proceed since the substantive grievance had already been investigated in earlier proceedings, and the failure to raise the racial discrimination claim earlier did not affect the justice of the matter.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no further action required