Leeds City Council v Henderson [1997] UKEAT 938_97_1909 (19 September 1997)

Leeds City Council v Henderson [1997] UKEAT 938_97_1909 (19 September 1997)

The Industrial Tribunal was entitled to exercise its discretion to extend time for the complaint, having considered the relevant factors, and there was no arguable point of law for appeal.

Citation
[1997] UKEAT 938_97_1909
Parties
Appellant: Leeds City Council; Respondent: Mr Henderson
Jurisdiction
United Kingdom
Judgment Date
19 September 1997
Procedural Posture
Employment Appeal Tribunal / Preliminary Hearing on Permission to Appeal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Extension of Time, Tribunal Discretion
Employment Law Discrimination Law Race Discrimination Extension of Time Tribunal Discretion

Case Brief

Summary, issues, holding and outcome

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Parties

Leeds City Council

Appellant

Mr Henderson

Respondent

Procedural Posture

Employment Appeal Tribunal / Preliminary Hearing on Permission to Appeal

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in exercising its discretion to extend time for presenting a race discrimination complaint under s.68(6) of the Act
  2. 2 Whether the Industrial Tribunal failed to identify specific complaints and relevant dates for limitation purposes
  3. 3 Whether the Tribunal failed to consider prejudice to the employer

Ratio Decidendi

The Industrial Tribunal was entitled to exercise its discretion to extend time for the complaint, having considered the relevant factors, and there was no arguable point of law for appeal.

Court Disposition

Appeal dismissed

Orders

  • No arguable point of law for appeal; appeal dismissed