Habinteg Housing Association Ltd v Holleron (Practice and Procedure) [2015] UKEAT 0274_14_2002 (20 February 2015)

Habinteg Housing Association Ltd v Holleron (Practice and Procedure) [2015] UKEAT 0274_14_2002 (20 February 2015)

The Tribunal erred by drawing inferences from irrelevant facts, failing to properly weigh evidence, and extending time without any evidence of the reason for delay. There was no jurisdiction to determine the claim as it was out of time and no proper basis for extension was established.

Citation
[2015] UKEAT 0274_14_2002
Parties
Appellant's Counsel: Miss Naomi Ling; Appellant's Solicitors: Fiano Satiro Consulting; Respondent: Claimant (unnamed)
Jurisdiction
United Kingdom
Judgment Date
20 February 2015
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed; original Tribunal decision set aside; claim dismissed for lack of jurisdiction.
Legal Topics
Harassment, Discrimination, Equality Act 2010, Extension of Time, Burden of Proof
Employment Law Harassment Discrimination Equality Act 2010 Extension of Time Burden of Proof

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Miss Naomi Ling

Appellant's Counsel

Fiano Satiro Consulting

Appellant's Solicitors

Claimant (unnamed)

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding harassment on grounds of perceived sexual orientation
  2. 2 Whether the Tribunal erred in extending time for the claim

Ratio Decidendi

The Tribunal erred by drawing inferences from irrelevant facts, failing to properly weigh evidence, and extending time without any evidence of the reason for delay. There was no jurisdiction to determine the claim as it was out of time and no proper basis for extension was established.

Court Disposition

Appeal allowed; original Tribunal decision set aside; claim dismissed for lack of jurisdiction.

Orders

  • Finding substituted that the Tribunal had no jurisdiction to determine the claim.