Clarke v Hampshire Electro Plating Co Ltd [1991] UKEAT 605_89_2409 (24 September 1991)

Clarke v Hampshire Electro Plating Co Ltd [1991] UKEAT 605_89_2409 (24 September 1991)

The Tribunal erred by failing to consider whether it was reasonable for the applicant to wait for a comparator before bringing the claim and by focusing solely on the applicant's knowledge of his right to complain. The appeal is allowed and the matter is remitted for rehearing.

Citation
[1991] UKEAT 605_89_2409
Parties
Appellant: Mr Clarke; Respondent: Hampshire Electro Plating Co Ltd
Jurisdiction
United Kingdom
Judgment Date
24 September 1991
Procedural Posture
Appeal / Appeal Against Industrial Tribunal's Decision on Jurisdiction
Outcome
Appeal allowed
Legal Topics
Racial Discrimination, Jurisdiction, Limitation Periods
Employment Law Equality Law Racial Discrimination Jurisdiction Limitation Periods

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Clarke

Appellant

Hampshire Electro Plating Co Ltd

Respondent

Procedural Posture

Appeal / Appeal Against Industrial Tribunal's Decision on Jurisdiction

Legal Issues

  1. 1 Whether the Industrial Tribunal had jurisdiction to hear the complaint of racial discrimination under the Race Relations Act 1976
  2. 2 Whether the claim was brought within the statutory time limit or whether it was just and equitable to extend time

Ratio Decidendi

The Tribunal erred by failing to consider whether it was reasonable for the applicant to wait for a comparator before bringing the claim and by focusing solely on the applicant's knowledge of his right to complain. The appeal is allowed and the matter is remitted for rehearing.

Court Disposition

Appeal allowed

Orders

  • Matter remitted to the same or another industrial tribunal as directed by the Regional Chairman for rehearing