Gavin v The Equality and Human Rights Commission & Ors [2010] UKEAT 1385_09_1205 (14 December 2010)

Gavin v The Equality and Human Rights Commission & Ors [2010] UKEAT 1385_09_1205 (14 December 2010)

The claims were out of time and there was no error of law in the Tribunal's refusal to extend time or to allow the claims to proceed in light of the compromise agreement and the prejudice to the Respondent.

Citation
[2010] UKEAT 1385_09_1205
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
14 December 2010
Procedural Posture
Employment Appeal Tribunal / Appeal Against Employment Tribunal Judgment
Outcome
Appeal refused
Legal Topics
Time Limits for Claims, Compromise Agreements, Estoppel, Extension of Time, Employment Tribunal Procedure
Employment Law Time Limits for Claims Compromise Agreements Estoppel Extension of Time Employment Tribunal Procedure

Case Brief

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Employment Tribunal Judgment

Legal Issues

  1. 1 Whether claims were presented out of time
  2. 2 Whether claims were compromised by a compromise agreement
  3. 3 Whether estoppel prevents re-litigation

Ratio Decidendi

The claims were out of time and there was no error of law in the Tribunal's refusal to extend time or to allow the claims to proceed in light of the compromise agreement and the prejudice to the Respondent.

Court Disposition

Appeal refused

Orders

  • No further action will be taken
  • Claimant has 14 days from receipt of transcript to apply for permission to appeal