Fatti v. Look Ahead Housing & Care Ltd & Ors [2001] UKEAT 0857_01_3010 (30 October 2001)

Fatti v. Look Ahead Housing & Care Ltd & Ors [2001] UKEAT 0857_01_3010 (30 October 2001)

The Tribunal's refusal to extend time for pre-10 January 2000 complaints is arguable and should proceed to a Full Hearing. The dismissal of the grievance procedure discrimination claim was correct as no comparator evidence was provided and the Tribunal's approach was unimpeachable.

Citation
[2001] UKEAT 0857_01_3010
Parties
Appellant: Mr Fatti; Respondents: Look Ahead Housing and Care Ltd, Rachel, Elaine Jackson
Jurisdiction
United Kingdom
Judgment Date
30 October 2001
Procedural Posture
Employment Appeal / Preliminary Ex Parte Hearing
Outcome
Leave to appeal granted on the time extension issue only; refused on the grievance procedure discrimination issue.
Legal Topics
Race Discrimination, Time Limits for Complaints, Jurisdiction of Employment Tribunal, Internal Grievance Procedures
Employment Law Discrimination Law Race Discrimination Time Limits for Complaints Jurisdiction of Employment Tribunal Internal Grievance Procedures

Case Brief

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Parties

Mr Fatti

Appellant

Look Ahead Housing and Care Ltd, Rachel, Elaine Jackson

Respondents

Procedural Posture

Employment Appeal / Preliminary Ex Parte Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to extend time for complaints prior to 10 January 2000 under Section 68(4) of the Race Relations Act 1976
  2. 2 Whether the Tribunal erred in dismissing the claim of racial discrimination in relation to the grievance procedure

Ratio Decidendi

The Tribunal's refusal to extend time for pre-10 January 2000 complaints is arguable and should proceed to a Full Hearing. The dismissal of the grievance procedure discrimination claim was correct as no comparator evidence was provided and the Tribunal's approach was unimpeachable.

Court Disposition

Leave to appeal granted on the time extension issue only; refused on the grievance procedure discrimination issue.

Orders

  • Matter to proceed to Full Hearing on the issue of extension of time for complaints prior to 10 January 2000.
  • No leave granted to appeal on the grievance procedure discrimination claim.