Owusu v London Fire & Civil Defence Authority [1995] UKEAT 334_93_0103 (1 March 1995)

Owusu v London Fire & Civil Defence Authority [1995] UKEAT 334_93_0103 (1 March 1995)

Tribunal erred in law by failing to treat the alleged failures to re-grade and to give opportunity to act-up as continuing acts; these complaints are not time-barred and Tribunal has jurisdiction to investigate them.

Source-derived case information.

Citation
[1995] UKEAT 334_93_0103
Parties
Appellant: Mr Owusu; Respondent: London Fire & Civil Defence Authority
Jurisdiction
United Kingdom
Judgment Date
01 March 1995
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
Appeal allowed in part, dismissed in part
Legal Topics
Racial Discrimination, Equal Pay, Time Limits, Continuing Acts
Employment Law Equality Law Racial Discrimination Equal Pay Time Limits Continuing Acts

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Summary, issues, holding and outcome

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Parties

Mr Owusu

Appellant

London Fire & Civil Defence Authority

Respondent

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether alleged acts of discrimination constituted continuing acts under Race Relations Act 1976 s.68(1)
  2. 2 Whether Tribunal erred in refusing to extend time under s.68(6)

Ratio Decidendi

Tribunal erred in law by failing to treat the alleged failures to re-grade and to give opportunity to act-up as continuing acts; these complaints are not time-barred and Tribunal has jurisdiction to investigate them.

Court Disposition

Appeal allowed in part, dismissed in part

Orders

  • Complaints relating to failure to re-grade and failure to give opportunity to act-up remitted to Tribunal for investigation on merits
  • Appeal dismissed regarding extension of time for complaints of failure to promote and short-list