Benjamin-Cole v Great Ormond Street Hospital for Sick Children NHS Trust [2010] UKEAT 0356_09_0501 (5 January 2010)

Benjamin-Cole v Great Ormond Street Hospital for Sick Children NHS Trust [2010] UKEAT 0356_09_0501 (5 January 2010)

The Employment Tribunal erred by attributing the fault of the claimant's legal adviser to the claimant, contrary to established authority, and failed to properly distinguish between the claimant's position as client and the defaults of her representative; the decision cannot stand and must be reconsidered by a different tribunal.

Citation
[2010] UKEAT 0356_09_0501
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
05 January 2010
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; decision set aside
Legal Topics
Extension of Time, Victimisation, Unfair Dismissal, Race Discrimination
Employment Law Discrimination Law Extension of Time Victimisation Unfair Dismissal Race Discrimination

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to extend time for lodging a claim for victimisation under the Race Relations Act 1976
  2. 2 Whether the fault of a legal adviser should be attributed to the claimant in late filing
  3. 3 Whether the Employment Tribunal conflated legal tests for extension of time under different statutes

Ratio Decidendi

The Employment Tribunal erred by attributing the fault of the claimant's legal adviser to the claimant, contrary to established authority, and failed to properly distinguish between the claimant's position as client and the defaults of her representative; the decision cannot stand and must be reconsidered by a different tribunal.

Court Disposition

Appeal allowed; decision set aside

Orders

  • Matter remitted for fresh hearing before a different Employment Judge at the Employment Tribunal