Edusei v Ledwith & Anor [1997] UKEAT 1326_95_2702 (27 February 1997)

Edusei v Ledwith & Anor [1997] UKEAT 1326_95_2702 (27 February 1997)

The Chairman had jurisdiction to determine the preliminary issue sitting alone and to receive oral evidence under Rule 6(1) of the 1993 Regulations; the complaint was presented out of time and there was no basis to extend time; the appeal is dismissed.

Citation
[1997] UKEAT 1326_95_2702
Parties
Appellant: Mr Javaid; Respondents: Cable Corporation (first respondent) and Mr Ledwith (second respondent)
Jurisdiction
United Kingdom
Judgment Date
27 February 1997
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal Chairman's Decision
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Time Limits for Claims, Jurisdiction of Tribunal Chairmen, Preliminary Issues, Industrial Tribunal Procedure
Employment Law Discrimination Law Procedural Law Race Discrimination Time Limits for Claims Jurisdiction of Tribunal Chairmen Preliminary Issues Industrial Tribunal Procedure

Case Brief

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Parties

Mr Javaid

Appellant

Cable Corporation (first respondent) and Mr Ledwith (second respondent)

Respondents

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal Chairman's Decision

Legal Issues

  1. 1 Whether the complaint was presented out of time under Section 68(1) of the Race Relations Act 1976
  2. 2 Whether it was just and equitable to extend time under Section 68(5)
  3. 3 Whether the Chairman had jurisdiction to determine the preliminary issue sitting alone under Rule 6 of the 1993 Regulations

Ratio Decidendi

The Chairman had jurisdiction to determine the preliminary issue sitting alone and to receive oral evidence under Rule 6(1) of the 1993 Regulations; the complaint was presented out of time and there was no basis to extend time; the appeal is dismissed.

Court Disposition

Appeal dismissed