Henry v. London Borough of Southwark & Anor [2008] UKEAT 0520_07_2602 (26 February 2008)

Henry v. London Borough of Southwark & Anor [2008] UKEAT 0520_07_2602 (26 February 2008)

The Employment Tribunal erred in law by failing to consider the May document as part of the statutory grievance procedure due to special circumstances, namely the appellant's unrepresented status and the complexity of the statutory provisions. The claim form sufficiently pleaded a section 33 claim against the Trust. The appeals against both respondents are allowed and the claims are to proceed to disposal.

Citation
[2008] UKEAT 0520_07_2602
Parties
Appellant: Ms Henry; 1st Respondent: London Borough of Southwark; 2nd Respondent: South London and Maudsley Mental Health Trust
Jurisdiction
United Kingdom
Judgment Date
26 February 2008
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision and Review
Outcome
Appeal allowed
Legal Topics
Statutory Grievance Procedures, Race Discrimination, Employment Tribunal Procedure, Aiding and Abetting Discrimination
Employment Law Discrimination Law Statutory Grievance Procedures Race Discrimination Employment Tribunal Procedure Aiding and Abetting Discrimination

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 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Ms Henry

Appellant

London Borough of Southwark

1st Respondent

South London and Maudsley Mental Health Trust

2nd Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision and Review

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the claims for failure to comply with statutory grievance procedures under section 32 of the Employment Act 2002
  2. 2 Whether the claim form sufficiently pleaded a case against the second respondent under section 33 of the Race Relations Act 1976
  3. 3 Whether the Employment Tribunal erred in refusing to consider new evidence (the May document) at review

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider the May document as part of the statutory grievance procedure due to special circumstances, namely the appellant's unrepresented status and the complexity of the statutory provisions. The claim form sufficiently pleaded a section 33 claim against the Trust. The appeals against both respondents are allowed and the claims are to proceed to disposal.

Court Disposition

Appeal allowed

Orders

  • Claims against both respondents to proceed to effective disposal