Rathakrishnan v Pizza Express (Restaurants) Ltd (Jurisdictional Points: Extension of time: just and equitable) [2015] UKEAT 0073_15_2310 (23 October 2015)

Failure to consider balance of prejudice and merits of the claim when exercising discretion to extend time was a material omission; Tribunal erred in law by terminating the exercise after rejecting the explanation for delay.

Citation: [2015] UKEAT 0073_15_2310
Parties: Claimant/appellant: Mr Rathakrishnan; Respondent: Pizza Express
Jurisdiction: United Kingdom
Judgment Date: 23 October 2015
Procedural Posture: Employment Appeal / Appeal Judgment, Remitted for Reconsideration
Outcome: Appeal allowed; case remitted for reconsideration
Legal Topics: Extension of Time, Just and Equitable Discretion, Reasonable Adjustments, Disability Discrimination

Employment Law Discrimination Law Extension of Time Just and Equitable Discretion Reasonable Adjustments Disability 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 12 Party arguments 2 Amounts and remedies 1

Parties

Mr Rathakrishnan

Claimant/appellant

Pizza Express

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment, Remitted for Reconsideration

Legal Issues

1 Whether the Employment Tribunal erred in law in refusing to extend time for the reasonable adjustments claim
2 Proper approach to just and equitable extension of time in discrimination cases

Ratio Decidendi

Court Disposition

Appeal allowed; case remitted for reconsideration

Orders

Limitation question remitted to same Employment Tribunal for reconsideration
Tribunal to consider balance of prejudice and merits of reasonable adjustment claim