Wright v Wolverhampton City Council [2008] UKEAT 0117_08_0407 (4 July 2008)

Wright v Wolverhampton City Council [2008] UKEAT 0117_08_0407 (4 July 2008)

The Employment Judge failed to take into account relevant factors regarding the claimant's reliance on advice and prompt action after notification, resulting in a logical inconsistency in the exercise of discretion; it is just and equitable to extend time.

Citation
[2008] UKEAT 0117_08_0407
Parties
Appellant: Mrs Wright; Respondent: Wolverhampton City Council
Jurisdiction
United Kingdom
Judgment Date
04 July 2008
Procedural Posture
Employment Appeal / Appeal Against Pre Hearing Review Dismissal
Outcome
appeal allowed; decision reversed; time extended; case remitted for hearing on merits
Legal Topics
Extension of Time, Just and Equitable Discretion, Race Discrimination, Sex Discrimination
Employment Law Discrimination Law Extension of Time Just and Equitable Discretion Race Discrimination Sex Discrimination

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Wright

Appellant

Wolverhampton City Council

Respondent

Procedural Posture

Employment Appeal / Appeal Against Pre Hearing Review Dismissal

Legal Issues

  1. 1 Whether it was just and equitable to extend time for presenting discrimination claims to the Employment Tribunal
  2. 2 Whether the Employment Judge failed to take into account relevant factors in exercising discretion

Ratio Decidendi

The Employment Judge failed to take into account relevant factors regarding the claimant's reliance on advice and prompt action after notification, resulting in a logical inconsistency in the exercise of discretion; it is just and equitable to extend time.

Court Disposition

appeal allowed; decision reversed; time extended; case remitted for hearing on merits

Orders

  • Extension of time granted for presenting discrimination claims
  • Case remitted to Employment Tribunal for hearing on merits