Crank & Anor v. Ward [2000] UKEAT 1082_00_0911 (9 November 2000)

Crank & Anor v. Ward [2000] UKEAT 1082_00_0911 (9 November 2000)

The Tribunal was entitled to extend time as the applicant sought advice from competent persons, acted promptly upon correct advice, the period out of time was not significant, and no prejudice was suffered by the respondent. The exercise of discretion was not perverse.

Citation
[2000] UKEAT 1082_00_0911
Parties
Applicant: Applicant; Appellant: Appellant
Jurisdiction
United Kingdom
Judgment Date
09 November 2000
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing
Outcome
Appeal dismissed
Legal Topics
Extension of Time Limits, Discretion Under Race Relations Act, Incorrect Legal Advice, Just and Equitable Test
Employment Law Equality Law Extension of Time Limits Discretion Under Race Relations Act Incorrect Legal Advice Just and Equitable Test

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Appellant

Appellant

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Tribunal erred in extending time for complaint under Race Relations Act 1976
  2. 2 Whether incorrect legal advice is a valid reason for extension
  3. 3 Whether the exercise of discretion was perverse

Ratio Decidendi

The Tribunal was entitled to extend time as the applicant sought advice from competent persons, acted promptly upon correct advice, the period out of time was not significant, and no prejudice was suffered by the respondent. The exercise of discretion was not perverse.

Court Disposition

Appeal dismissed

Orders

  • No arguable point of law; Tribunal's decision stands; time extension upheld