Lucey v. E C Sames & Co Ltd & Anor [2000] UKEAT 965_00_2010 (20 October 2000)

Lucey v. E C Sames & Co Ltd & Anor [2000] UKEAT 965_00_2010 (20 October 2000)

There are reasonably arguable points of law that the Employment Tribunal may have failed to consider whether the March 2000 decisions constituted fresh acts of discrimination and may not have adequately explained or considered relevant factors in exercising its discretion under section 68(6) of the Race Relations Act 1976.

Citation
[2000] UKEAT 965_00_2010
Parties
Appellant: Mr Lucey; Respondent: E. C. Sames & Co Ltd; Respondent: National Westminster Bank Plc
Jurisdiction
United Kingdom
Judgment Date
20 October 2000
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
Appeal allowed to proceed to full hearing
Legal Topics
Race Discrimination, Limitation Period, Extension of Time, Employment Tribunal Procedure
Employment Law Discrimination Law Race Discrimination Limitation Period Extension of Time Employment Tribunal Procedure

Case Brief

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Parties

Mr Lucey

Appellant

E. C. Sames & Co Ltd

Respondent

National Westminster Bank Plc

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to extend time for presenting a race discrimination claim under section 68 of the Race Relations Act 1976
  2. 2 Whether there was a fresh act or continuing act in March 2000 that could found a new claim
  3. 3 Whether the Tribunal failed to give adequate reasons or consider relevant factors in exercising its discretion

Ratio Decidendi

There are reasonably arguable points of law that the Employment Tribunal may have failed to consider whether the March 2000 decisions constituted fresh acts of discrimination and may not have adequately explained or considered relevant factors in exercising its discretion under section 68(6) of the Race Relations Act 1976.

Court Disposition

Appeal allowed to proceed to full hearing

Orders

  • Appellant to amend Notice of Appeal within 14 days
  • Respondents have liberty to challenge the amendment at the substantive hearing