Quarcoopome v Sock Shop Holdings Ltd [1995] UKEAT 300_95_0704 (7 April 1995)

Quarcoopome v Sock Shop Holdings Ltd [1995] UKEAT 300_95_0704 (7 April 1995)

An originating application stating 'race discrimination' is sufficient to encompass both direct and indirect discrimination claims; the Tribunal applied the wrong legal test by treating the amendment as an out-of-time claim rather than an amendment or particularization.

Source-derived case information.

Citation
[1995] UKEAT 300_95_0704
Parties
Applicant: Appellant; Respondent: Respondents
Jurisdiction
United Kingdom
Judgment Date
07 April 1995
Procedural Posture
Appeal From Industrial Tribunal / Judgment on Amendment Application
Outcome
Appeal allowed
Legal Topics
Race Discrimination, Time Limits, Amendment of Pleadings
Employment Law Equality Law Race Discrimination Time Limits Amendment of Pleadings

Source-derived case record

Summary, issues, holding and outcome

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Parties

Appellant

Applicant

Respondents

Respondent

Procedural Posture

Appeal From Industrial Tribunal / Judgment on Amendment Application

Legal Issues

  1. 1 Whether a claim for indirect discrimination was time-barred
  2. 2 Whether the originating application sufficiently covered indirect discrimination
  3. 3 Whether the Tribunal applied the correct legal test

Ratio Decidendi

An originating application stating 'race discrimination' is sufficient to encompass both direct and indirect discrimination claims; the Tribunal applied the wrong legal test by treating the amendment as an out-of-time claim rather than an amendment or particularization.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the Tribunal to apply the correct legal test for amendment or particularization