Bloomberg L P v. Cordeiro [2001] UKEAT 739_00_1211 (12 November 2001)

Bloomberg L P v. Cordeiro [2001] UKEAT 739_00_1211 (12 November 2001)

The Employment Tribunal erred in law by treating the sex discrimination claim as part of a continuing act; the claim was out of time and there was no argument for a just and equitable extension, so the Tribunal had no jurisdiction to hear the sex discrimination claim.

Source-derived case information.

Citation
[2001] UKEAT 739_00_1211
Parties
Appellant: Bloomberg L P; Respondent: Ms Cordeiro
Jurisdiction
United Kingdom
Judgment Date
12 November 2001
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed in part; sex discrimination claim dismissed.
Legal Topics
Sex Discrimination, Unfair Dismissal, Breach of Contract, Jurisdiction, Time Limits
Employment Law Sex Discrimination Unfair Dismissal Breach of Contract Jurisdiction Time Limits

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bloomberg L P

Appellant

Ms Cordeiro

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to consider the sex discrimination claim given the time limits
  2. 2 Whether the sex discrimination claim constituted a continuing act
  3. 3 Whether the Tribunal should have considered extending time on just and equitable grounds

Ratio Decidendi

The Employment Tribunal erred in law by treating the sex discrimination claim as part of a continuing act; the claim was out of time and there was no argument for a just and equitable extension, so the Tribunal had no jurisdiction to hear the sex discrimination claim.

Court Disposition

Appeal allowed in part; sex discrimination claim dismissed.

Orders

  • The decision of the Employment Tribunal regarding jurisdiction over the sex discrimination claim is overturned.
  • The sex discrimination claim made by Ms Cordeiro is dismissed.