Avsey v University Of Westminster & Anor [1997] UKEAT 249_97_1906 (19 June 1997)

Avsey v University Of Westminster & Anor [1997] UKEAT 249_97_1906 (19 June 1997)

The Industrial Tribunal was correct to exclude evidence relating to out-of-time promotion claims, but erred in excluding evidence regarding the 1992 Research Assessment Exercise, which was pleaded and relevant to the applicant's case of discrimination. The appeal is allowed to the extent that evidence and limited discovery regarding the 1992 RAE must be permitted.

Citation
[1997] UKEAT 249_97_1906
Parties
Appellant: Mr Avsey; Respondents: University of Westminster and Dr Maud Tyler
Jurisdiction
United Kingdom
Judgment Date
19 June 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Preliminary Hearing
Outcome
Appeal allowed in part
Legal Topics
Racial Discrimination, Victimisation, Limitation Periods, Discovery of Documents
Employment Law Equality Law Racial Discrimination Victimisation Limitation Periods Discovery of Documents

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Avsey

Appellant

University of Westminster and Dr Maud Tyler

Respondents

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Preliminary Hearing

Legal Issues

  1. 1 Whether allegations of racial discrimination relating to promotion and research assessment exercises are out of time under the Race Relations Act 1976
  2. 2 Whether evidence relating to earlier acts of alleged discrimination is relevant and admissible in support of a timely claim
  3. 3 Whether the Industrial Tribunal erred in excluding evidence regarding the 1992 Research Assessment Exercise

Ratio Decidendi

The Industrial Tribunal was correct to exclude evidence relating to out-of-time promotion claims, but erred in excluding evidence regarding the 1992 Research Assessment Exercise, which was pleaded and relevant to the applicant's case of discrimination. The appeal is allowed to the extent that evidence and limited discovery regarding the 1992 RAE must be permitted.

Court Disposition

Appeal allowed in part

Orders

  • Direction excluding evidence about the 1992 RAE is set aside.
  • Applicant to provide a statement of case regarding the 1992 RAE within seven days.