Bahous v Pizza Express Restaurant Ltd (Race Discrimination : Continuing act) [2011] UKEAT 0029_11_1910 (19 October 2011)

Bahous v Pizza Express Restaurant Ltd (Race Discrimination : Continuing act) [2011] UKEAT 0029_11_1910 (19 October 2011)

The grievance process formed part of a continuing act of discrimination, and the Tribunal erred by failing to consider the balance of prejudice and by visiting the legal advisor's mistake on the Claimant; time should be extended for the race discrimination claim.

Citation
[2011] UKEAT 0029_11_1910
Parties
Claimant: Mr Bahous; Respondent: Pizza Express Restaurant Ltd
Jurisdiction
United Kingdom
Judgment Date
19 October 2011
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed, cross-appeal dismissed
Legal Topics
Race Discrimination, Limitation Periods, Extension of Time, Constructive Dismissal
Employment Law Equality Law Race Discrimination Limitation Periods Extension of Time Constructive Dismissal

Case Brief

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Parties

Mr Bahous

Claimant

Pizza Express Restaurant Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the grievance process formed part of a continuing act of discrimination
  2. 2 Whether it was just and equitable to extend time for lodging the race discrimination claim

Ratio Decidendi

The grievance process formed part of a continuing act of discrimination, and the Tribunal erred by failing to consider the balance of prejudice and by visiting the legal advisor's mistake on the Claimant; time should be extended for the race discrimination claim.

Court Disposition

Appeal allowed, cross-appeal dismissed

Orders

  • Time for lodging the race discrimination claim extended
  • Matter remitted to a fresh Employment Tribunal to determine remedy for unlawful discrimination