Arube v. Devon Probation Service [2000] EAT 231_99_0711 (7 November 2000)

Arube v. Devon Probation Service [2000] EAT 231_99_0711 (7 November 2000)

The Tribunal correctly found that the acts of discrimination established were isolated and not part of a continuing act or discriminatory policy or regime. The Tribunal properly considered the totality of the appellant's employment and the relevant authorities, and was entitled to conclude that the complaints were out of time and that it was not just and equitable to extend time. There was no error of law or perversity in the Tribunal's approach or findings.

Citation
[2000] EAT 231_99_0711
Parties
Appellant: Ms Arube; Respondent: Devon County Council (Devon Probation Service)
Jurisdiction
United Kingdom
Judgment Date
07 November 2000
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Limitation Periods, Continuing Acts, Employment Grievance Procedures
Employment Law Equality Law Racial Discrimination Limitation Periods Continuing Acts Employment Grievance Procedures

Case Brief

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Parties

Ms Arube

Appellant

Devon County Council (Devon Probation Service)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the appellant was subjected to unlawful racial discrimination during her employment.
  2. 2 Whether the acts complained of constituted a continuing act of discrimination for limitation purposes under section 68(7)(b) of the Race Relations Act 1976.
  3. 3 Whether the Employment Tribunal erred in refusing to extend time for bringing the complaint under section 68(6) of the Race Relations Act 1976.

Ratio Decidendi

The Tribunal correctly found that the acts of discrimination established were isolated and not part of a continuing act or discriminatory policy or regime. The Tribunal properly considered the totality of the appellant's employment and the relevant authorities, and was entitled to conclude that the complaints were out of time and that it was not just and equitable to extend time. There was no error of law or perversity in the Tribunal's approach or findings.

Court Disposition

Appeal dismissed