Mirikwe v Mental After Care Association [1998] UKEAT 1161_97_2303 (23 March 1998)

Mirikwe v Mental After Care Association [1998] UKEAT 1161_97_2303 (23 March 1998)

The Tribunal correctly applied the law regarding time limits and discretion under section 68(1) of the Race Relations Act 1976, and there was no error of law or unreasonable exercise of discretion in refusing to extend time for the race discrimination complaint.

Citation
[1998] UKEAT 1161_97_2303
Parties
Appellant: Mrs Mirikwe; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
23 March 1998
Procedural Posture
Employment Appeal / Appeal Against Industrial Tribunal Preliminary Decision
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Jurisdiction, Time Limits, Exercise of Discretion
Employment Law Discrimination Law Race Discrimination Jurisdiction Time Limits Exercise of Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Mrs Mirikwe

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Industrial Tribunal Preliminary Decision

Legal Issues

  1. 1 Whether the Industrial Tribunal erred in declining jurisdiction due to time limits under section 68(1) of the Race Relations Act 1976
  2. 2 Whether the Tribunal failed to exercise its discretion justly and equitably

Ratio Decidendi

The Tribunal correctly applied the law regarding time limits and discretion under section 68(1) of the Race Relations Act 1976, and there was no error of law or unreasonable exercise of discretion in refusing to extend time for the race discrimination complaint.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.