Maxview Ltd v. Galbraith [2005] UKEAT 0211_05_1006 (10 June 2005)

Maxview Ltd v. Galbraith [2005] UKEAT 0211_05_1006 (10 June 2005)

The Tribunal failed to make necessary findings on limitation for ERA claims and did not separately address the just and equitable extension for DDA claims; the appeal is allowed to the extent that a fresh Tribunal must consider reasonable practicability for ERA claims as a preliminary issue.

Citation
[2005] UKEAT 0211_05_1006
Parties
Claimant: Miss Galbraith; Respondent: Maxview Ltd
Jurisdiction
United Kingdom
Judgment Date
10 June 2005
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Preliminary and Review Decisions of Employment Tribunal
Outcome
Appeal allowed in part; cross-appeal dismissed; case remitted to fresh Tribunal.
Legal Topics
Unfair Dismissal, Disability Discrimination, Limitation Periods, Reasonable Practicability, Just and Equitable Extension
Employment Law Disability Discrimination Unfair Dismissal Limitation Periods Reasonable Practicability Just and Equitable Extension

Case Brief

Summary, issues, holding and outcome

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Parties

Miss Galbraith

Claimant

Maxview Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Preliminary and Review Decisions of Employment Tribunal

Legal Issues

  1. 1 Whether the claimant's application was presented within the primary limitation period
  2. 2 Whether it was reasonably practicable to present the ERA claims in time
  3. 3 Whether it was just and equitable to extend time for DDA claims

Ratio Decidendi

The Tribunal failed to make necessary findings on limitation for ERA claims and did not separately address the just and equitable extension for DDA claims; the appeal is allowed to the extent that a fresh Tribunal must consider reasonable practicability for ERA claims as a preliminary issue.

Court Disposition

Appeal allowed in part; cross-appeal dismissed; case remitted to fresh Tribunal.

Orders

  • Fresh Tribunal to consider reasonable practicability for ERA claims as first order of business.
  • If ERA claims are allowed, hearing to proceed on both ERA and DDA claims; if not, hearing to proceed on DDA claims only.