Charles v Tesco Stores Ltd (Race Discrimination : Continuing act) [2012] UKEAT 0386_11_1901 (19 January 2012)

Charles v Tesco Stores Ltd (Race Discrimination : Continuing act) [2012] UKEAT 0386_11_1901 (19 January 2012)

On the material before the Employment Judge, the complaint advanced was limited to delay and disparate treatment, with insufficient indication that the withdrawal of a compensation offer/agreement on 17 August 2010 was being advanced as a central act of discrimination. The Judge was entitled to find the claim out of...

Source-derived case information.

Citation
[2012] UKEAT 0386_11_1901
Parties
Appellant: G L Charles; Respondent: Tesco
Jurisdiction
United Kingdom
Judgment Date
19 January 2012
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Limitation Periods, Preliminary Issues
Employment Law Discrimination Law Race Discrimination Limitation Periods Preliminary Issues

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Summary, issues, holding and outcome

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Parties

G L Charles

Appellant

Tesco

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in finding the claim out of time
  2. 2 Whether the Tribunal failed to address an allegation of discrimination relating to the withdrawal of a compensation offer/agreement on 17 August 2010

Ratio Decidendi

On the material before the Employment Judge, the complaint advanced was limited to delay and disparate treatment, with insufficient indication that the withdrawal of a compensation offer/agreement on 17 August 2010 was being advanced as a central act of discrimination. The Judge was entitled to find the claim out of time and there was no error of law.

Court Disposition

Appeal dismissed