Kufeji v. Kent County Constabulary [2000] UKEAT 166_2000_2302 (23 February 2000)

Kufeji v. Kent County Constabulary [2000] UKEAT 166_2000_2302 (23 February 2000)

The appeal is dismissed because the passages sought to be reinstated as substantive complaints are derivative and circumvent the Chairman's unappealed order limiting complaints to incidents from 1997 onwards; only evidence relevant to permitted complaints may be admitted, not new substantive allegations.

Citation
[2000] UKEAT 166_2000_2302
Parties
Applicant: Mr Kufeji; Respondent: Chief Constable of Kent County Constabulary
Jurisdiction
United Kingdom
Judgment Date
23 February 2000
Procedural Posture
Appeal / Interlocutory Hearing
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Time Limits, Case Management
Employment Law Discrimination Law Racial Discrimination Time Limits Case Management

Case Brief

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Parties

Mr Kufeji

Applicant

Chief Constable of Kent County Constabulary

Respondent

Procedural Posture

Appeal / Interlocutory Hearing

Legal Issues

  1. 1 Whether allegations outside permitted time frame can be pursued as substantive complaints
  2. 2 Whether evidence of pre-1997 incidents can be admitted for other purposes
  3. 3 Whether paragraph 8 and paragraph 11 of amended grounds can be reinstated

Ratio Decidendi

The appeal is dismissed because the passages sought to be reinstated as substantive complaints are derivative and circumvent the Chairman's unappealed order limiting complaints to incidents from 1997 onwards; only evidence relevant to permitted complaints may be admitted, not new substantive allegations.

Court Disposition

Appeal dismissed

Orders

  • Leave granted to amend grounds for complaint to include only paragraphs 5(t) to (z) of Chairman's August 1999 decision and the additional allegation regarding DS Simmonds' refusals in 1997.
  • Draft order to be lodged reflecting counsel's agreement.