A v R [2003] UKEAT 0898_02_2306 (23 June 2003)

A v R [2003] UKEAT 0898_02_2306 (23 June 2003)

The Tribunal erred in law by failing to consider prejudice to the parties when exercising its discretion to extend the time limit for bringing a sex discrimination claim.

Source-derived case information.

Citation
[2003] UKEAT 0898_02_2306
Parties
Appellant Counsel: Ms Natasha Joffe; Respondent Counsel: Mr Steven Ford
Jurisdiction
United Kingdom
Judgment Date
23 June 2003
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision on Preliminary Issue
Outcome
appeal allowed
Legal Topics
Sex Discrimination, Sexual Harassment, Limitation Period, Exercise of Discretion
Employment Law Discrimination Law Sex Discrimination Sexual Harassment Limitation Period Exercise of Discretion

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms Natasha Joffe

Appellant Counsel

Mr Steven Ford

Respondent Counsel

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision on Preliminary Issue

Legal Issues

  1. 1 Whether the Employment Tribunal erred in dismissing the claim for being out of time without considering prejudice to the parties
  2. 2 Whether discretion under section 76(5) of the Sex Discrimination Act 1975 was properly exercised

Ratio Decidendi

The Tribunal erred in law by failing to consider prejudice to the parties when exercising its discretion to extend the time limit for bringing a sex discrimination claim.

Court Disposition

appeal allowed

Orders

  • preliminary issue remitted for rehearing by a fresh Tribunal