De Souza v Manpower UK Ltd (Jurisdictional Points : Extension of time: just and equitable) [2012] UKEAT 0234_12_1212 (12 December 2012)

De Souza v Manpower UK Ltd (Jurisdictional Points : Extension of time: just and equitable) [2012] UKEAT 0234_12_1212 (12 December 2012)

The delay in lodging the race discrimination claim was solely attributable to the claimant, with no exceptional reason provided; therefore, it was not just and equitable to extend time and the claim was dismissed as out of time.

Citation
[2012] UKEAT 0234_12_1212
Parties
Claimant: Ms De Souza; Respondent: Manpower UK Ltd
Jurisdiction
United Kingdom
Judgment Date
12 December 2012
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Limitation Periods, Extension of Time
Employment Law Equality Law Race Discrimination Limitation Periods Extension of Time

Case Brief

Summary, issues, holding and outcome

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Parties

Ms De Souza

Claimant

Manpower UK Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether it is just and equitable to extend time for lodging a race discrimination claim
  2. 2 Whether the delay in lodging the claim was excusable

Ratio Decidendi

The delay in lodging the race discrimination claim was solely attributable to the claimant, with no exceptional reason provided; therefore, it was not just and equitable to extend time and the claim was dismissed as out of time.

Court Disposition

Appeal dismissed

Orders

  • Appeal and cross-appeal dismissed
  • No extension of time for race discrimination claim