Murali v. British Medical Association [2003] UKEAT 0850_02_0912 (9 December 2003)

Murali v. British Medical Association [2003] UKEAT 0850_02_0912 (9 December 2003)

The complaint was presented substantially outside the statutory time limit; the last act complained of occurred in December 1997 or January 1999, and there was no continuing act. The Tribunal's exercise of discretion not to consider the complaint out of time was proper and not perverse.

Citation
[2003] UKEAT 0850_02_0912
Parties
Appellant: Mr S. S. Murali; Respondent: British Medical Association
Jurisdiction
United Kingdom
Judgment Date
09 December 2003
Procedural Posture
Employment Tribunal Appeal / Appeal Against Preliminary Issue Decision
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Time Limits for Complaints, Continuing Acts, Just and Equitable Discretion, Fair Trial Under Article 6
Employment Law Equality Law Race Discrimination Time Limits for Complaints Continuing Acts Just and Equitable Discretion Fair Trial Under Article 6

Case Brief

Summary, issues, holding and outcome

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Parties

Mr S. S. Murali

Appellant

British Medical Association

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Preliminary Issue Decision

Legal Issues

  1. 1 Whether the complaint of race discrimination was presented within the statutory time limit
  2. 2 Whether the alleged discriminatory act was a continuing act under section 68(7)(b) of the Race Relations Act 1976
  3. 3 Whether it was just and equitable to consider the complaint out of time

Ratio Decidendi

The complaint was presented substantially outside the statutory time limit; the last act complained of occurred in December 1997 or January 1999, and there was no continuing act. The Tribunal's exercise of discretion not to consider the complaint out of time was proper and not perverse.

Court Disposition

Appeal dismissed