Bakshi v. Post Office [2000] UKEAT 968_00_1512 (15 December 2000)

Bakshi v. Post Office [2000] UKEAT 968_00_1512 (15 December 2000)

The Employment Tribunal and the Appeal Tribunal were bound by Adekeye v The Post Office No. 2, which limits section 4(2) of the Race Relations Act 1976 to current employees, rendering the appellant's post-termination claim invalid. The claim was also out of time, and there was no basis to extend time or to allow amendment to add further discrimination claims.

Citation
[2000] UKEAT 968_00_1512
Parties
Appellant: Mrs Bakshi; Respondent: The Post Office
Jurisdiction
United Kingdom
Judgment Date
15 December 2000
Procedural Posture
Employment Appeal / Preliminary Hearing – Ex Parte
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Sex Discrimination, Disability Discrimination, Jurisdiction, Limitation Period, Amendment of Pleadings
Employment Law Discrimination Law Race Discrimination Sex Discrimination Disability Discrimination Jurisdiction Limitation Period Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Bakshi

Appellant

The Post Office

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing – Ex Parte

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to hear a complaint of race discrimination after termination of employment
  2. 2 Whether the application to amend to include sex and disability discrimination claims should be allowed
  3. 3 Whether the complaint of race discrimination was out of time and whether time should be extended

Ratio Decidendi

The Employment Tribunal and the Appeal Tribunal were bound by Adekeye v The Post Office No. 2, which limits section 4(2) of the Race Relations Act 1976 to current employees, rendering the appellant's post-termination claim invalid. The claim was also out of time, and there was no basis to extend time or to allow amendment to add further discrimination claims.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed at preliminary stage
  • Permission to appeal to the Court of Appeal refused by this tribunal