Mensah v Whittington Hospital NHS Trust & Ors [1997] UKEAT 831_96_1911 (19 November 1997)

Mensah v Whittington Hospital NHS Trust & Ors [1997] UKEAT 831_96_1911 (19 November 1997)

The Industrial Tribunal did not err in law by considering the time-bar issue at a preliminary hearing, as it had jurisdiction to do so and it was appropriate given the circumstances. The claim was not clearly in time for all alleged acts, and the acts complained of were discrete refusals to employ, not a continuing act of discrimination. No error of law was found in the Tribunal's approach or conclusions.

Citation
[1997] UKEAT 831_96_1911
Parties
Appellant: Mrs E. Mensah; Respondents: Whittington Hospital National Health Service Trust and Others
Jurisdiction
United Kingdom
Judgment Date
19 November 1997
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal Against Preliminary Ruling on Time Bar and Jurisdiction
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Time Limits for Claims, Jurisdiction of Industrial Tribunal, Continuing Acts of Discrimination
Employment Law Discrimination Law Race Discrimination Time Limits for Claims Jurisdiction of Industrial Tribunal Continuing Acts of Discrimination

Case Brief

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Parties

Mrs E. Mensah

Appellant

Whittington Hospital National Health Service Trust and Others

Respondents

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal Against Preliminary Ruling on Time Bar and Jurisdiction

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in law by considering the time-bar issue at a preliminary hearing
  2. 2 Whether the claim was in time given the date of the act complained of
  3. 3 Whether the acts complained of constituted a continuing act for the purposes of section 68(7)(b) of the Race Relations Act 1976

Ratio Decidendi

The Industrial Tribunal did not err in law by considering the time-bar issue at a preliminary hearing, as it had jurisdiction to do so and it was appropriate given the circumstances. The claim was not clearly in time for all alleged acts, and the acts complained of were discrete refusals to employ, not a continuing act of discrimination. No error of law was found in the Tribunal's approach or conclusions.

Court Disposition

Appeal dismissed