Stott & Ors v Prison Service HMP Wakefield [2003] UKEAT 60_02_1903 (19 March 2003)

Stott & Ors v Prison Service HMP Wakefield [2003] UKEAT 60_02_1903 (19 March 2003)

The Tribunal erred in law by assessing just and equitable factors at the date of hearing rather than the date proceedings were instituted. The relevant date is the date of institution, and the matter must be reconsidered by a new Tribunal applying this principle.

Citation
[2003] UKEAT 60_02_1903
Parties
Appellant: Ms Murphy; Appellant: Miss Stott; Appellant: Ms Bickerdyke; Respondent: Wakefield Prison (Respondent)
Jurisdiction
United Kingdom
Judgment Date
19 March 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
appeal allowed
Legal Topics
Extension of Time, Just and Equitable Principle, Sexual Discrimination, Procedural Fairness
Employment Law Discrimination Law Extension of Time Just and Equitable Principle Sexual Discrimination Procedural Fairness

Case Brief

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Parties

Ms Murphy

Appellant

Miss Stott

Appellant

Ms Bickerdyke

Appellant

Wakefield Prison (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal erred in assessing just and equitable factors at the date of hearing rather than the date of institution of proceedings
  2. 2 Whether the Tribunal failed to properly consider contemporaneous documentation

Ratio Decidendi

The Tribunal erred in law by assessing just and equitable factors at the date of hearing rather than the date proceedings were instituted. The relevant date is the date of institution, and the matter must be reconsidered by a new Tribunal applying this principle.

Court Disposition

appeal allowed

Orders

  • Matter remitted to a new Tribunal to reconsider the issue of discretion as at 31 May 2001
  • New Tribunal to identify whether there was a single continuing act of discrimination or two separate acts