Fullerton v. Interights International Centre for The Legal Protection of Human Rights [2010] UKEAT 0251_09_1902 (19 February 2010)

Fullerton v. Interights International Centre for The Legal Protection of Human Rights [2010] UKEAT 0251_09_1902 (19 February 2010)

Employment Judge erred in law by compartmentalising complaints and failing to apply continuing act principles; Appellant complied with step 1 for all relevant complaints; time bar issues should be determined at merits hearing; appeal allowed except for sex discrimination claims in heads 2-5.

Citation
[2010] UKEAT 0251_09_1902
Parties
Appellant: Bernice Fullerton; Respondent: Interights
Jurisdiction
United Kingdom
Judgment Date
19 February 2010
Procedural Posture
Employment Appeal / Appeal and Cross Appeal Against Pre Hearing Review Judgment
Outcome
Appeal allowed in respect of racial harassment and discrimination complaints; cross-appeal dismissed; claims to proceed to merits Tribunal except sex discrimination claims in heads 2-5.
Legal Topics
Jurisdictional Requirements, Statutory Grievance Procedure, Time Limits, Extension of Time, Race Discrimination, Sex Discrimination, Racial Harassment, Constructive Dismissal
Employment Law Discrimination Law Jurisdictional Requirements Statutory Grievance Procedure Time Limits Extension of Time Race Discrimination Sex Discrimination +2 more

Case Brief

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Parties

Bernice Fullerton

Appellant

Interights

Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal Against Pre Hearing Review Judgment

Legal Issues

  1. 1 Whether Appellant complied with statutory grievance procedure under Employment Act 2002 section 32(2)
  2. 2 Whether discrimination and harassment complaints were time-barred under Race Relations Act 1976 and Sex Discrimination Act 1975
  3. 3 Whether extension of time should be granted on just and equitable grounds

Ratio Decidendi

Employment Judge erred in law by compartmentalising complaints and failing to apply continuing act principles; Appellant complied with step 1 for all relevant complaints; time bar issues should be determined at merits hearing; appeal allowed except for sex discrimination claims in heads 2-5.

Court Disposition

Appeal allowed in respect of racial harassment and discrimination complaints; cross-appeal dismissed; claims to proceed to merits Tribunal except sex discrimination claims in heads 2-5.

Orders

  • Declare Appellant complied with step 1 for race discrimination and racial harassment claims in all heads.
  • Time bar issues to be determined at merits hearing.