Senesie v. TSS (Total Security Services) Ltd [2003] UKEAT 0333_03_1209 (12 September 2003)

The Tribunal erred by failing to provide reasons for its decision not to extend time for the direct race discrimination claim, constituting an error of law requiring remittal.

Citation: [2003] UKEAT 0333_03_1209
Parties: Appellant: Applicant; Respondent: Respondent
Jurisdiction: United Kingdom
Judgment Date: 12 September 2003
Procedural Posture: Employment Tribunal Appeal / Appeal Judgment
Outcome: Appeal allowed; case remitted to the same Employment Tribunal for reconsideration.
Legal Topics: Race Discrimination, Victimisation, Unfair Dismissal, Limitation Period, Just and Equitable Extension

Employment Law Discrimination Law Race Discrimination Victimisation Unfair Dismissal Limitation Period Just and Equitable Extension

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Appellant

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Judgment

Legal Issues

1 Whether the Employment Tribunal erred in failing to provide reasons for not extending time for a direct race discrimination claim under the just and equitable jurisdiction
2 Whether the Applicant had a full opportunity to address the time limitation issue

Ratio Decidendi

The Tribunal erred by failing to provide reasons for its decision not to extend time for the direct race discrimination claim, constituting an error of law requiring remittal.

Court Disposition

Appeal allowed; case remitted to the same Employment Tribunal for reconsideration.

Orders

Remit the case to the same Employment Tribunal for reconsideration of the just and equitable extension of time and, if necessary, remedy.
Directions given for exchange of material relevant to the time issue.