Barnes v. The Commissioner of The Metropolis Independent Police Complaints Commission [2005] UKEAT 0474_05_1411 (14 November 2005)

Barnes v. The Commissioner of The Metropolis Independent Police Complaints Commission [2005] UKEAT 0474_05_1411 (14 November 2005)

The Tribunal was not precluded by the agreement from considering Mr Barnes' prior knowledge and was entitled to find that he could have brought his complaint earlier; the Tribunal's findings were not inconsistent and the appeal is dismissed.

Citation
[2005] UKEAT 0474_05_1411
Parties
Appellant: Mr Trevor Barnes; First Respondent: Metropolitan Police Commissioner; Second Respondent: Independent Police Complaints Commission
Jurisdiction
United Kingdom
Judgment Date
14 November 2005
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Limitation Periods, Just and Equitable Extension
Employment Law Equality Law Race Discrimination Limitation Periods Just and Equitable Extension

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Trevor Barnes

Appellant

Metropolitan Police Commissioner

First Respondent

Independent Police Complaints Commission

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by refusing to extend time for a race discrimination complaint
  2. 2 Whether the Tribunal's findings were inconsistent or contrary to the agreed basis at case management discussion

Ratio Decidendi

The Tribunal was not precluded by the agreement from considering Mr Barnes' prior knowledge and was entitled to find that he could have brought his complaint earlier; the Tribunal's findings were not inconsistent and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • No extension of time for complaint
  • Originating application dismissed