Hawkins v Ball & Anor [1995] UKEAT 1289_95_1512 (15 December 1995)

Hawkins v Ball & Anor [1995] UKEAT 1289_95_1512 (15 December 1995)

The Tribunal did not err in law by considering the obtaining of incorrect legal advice as a relevant factor in extending time under section 76(5) of the Sex Discrimination Act 1975; the Tribunal's decision was within its broad discretion and was not perverse.

Citation
[1995] UKEAT 1289_95_1512
Parties
Appellant: Mr Peter Hawkins; 1st Respondent: Miss Michelle Ball; 2nd Respondent: Barclays Bank Plc
Jurisdiction
United Kingdom
Judgment Date
15 December 1995
Procedural Posture
Employment Appeal / Appeal Against Preliminary Decision on Extension of Time
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Victimisation, Time Limits, Extension of Time, Industrial Tribunal Procedure
Employment Law Equality Law Sex Discrimination Victimisation Time Limits Extension of Time Industrial Tribunal Procedure

Case Brief

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Parties

Mr Peter Hawkins

Appellant

Miss Michelle Ball

1st Respondent

Barclays Bank Plc

2nd Respondent

Procedural Posture

Employment Appeal / Appeal Against Preliminary Decision on Extension of Time

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law in extending time for presenting a sex discrimination complaint under section 76(5) of the Sex Discrimination Act 1975
  2. 2 Whether obtaining incorrect legal advice is a relevant consideration for extending time under the 'just and equitable' test
  3. 3 Whether the Tribunal's decision was perverse

Ratio Decidendi

The Tribunal did not err in law by considering the obtaining of incorrect legal advice as a relevant factor in extending time under section 76(5) of the Sex Discrimination Act 1975; the Tribunal's decision was within its broad discretion and was not perverse.

Court Disposition

Appeal dismissed

Orders

  • Application for Chairman's notes of evidence dismissed
  • Leave to amend notice of appeal refused