Texaco Ltd & Anor v Patel [1997] UKEAT 1318_96_1102 (11 February 1997)

Texaco Ltd & Anor v Patel [1997] UKEAT 1318_96_1102 (11 February 1997)

The Chairman erred by taking into account two irrelevant factors—generalising about the certainty required by ethnic minorities before litigating, and the public interest in private litigation—when exercising discretion to extend time. The decision to allow the complaint to proceed cannot stand and must be set aside.

Citation
[1997] UKEAT 1318_96_1102
Parties
Appellant: Texaco Ltd & Mr Saunders; Respondent: Mr Patel
Jurisdiction
United Kingdom
Judgment Date
11 February 1997
Procedural Posture
Employment Tribunal Appeal / Appeal Against Chairman's Exercise of Discretion on Limitation
Outcome
Appeal allowed; matter remitted to a fresh Industrial Tribunal.
Legal Topics
Racial Discrimination, Limitation Periods, Exercise of Discretion
Employment Law Discrimination Law Racial Discrimination Limitation Periods Exercise of Discretion

Case Brief

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Parties

Texaco Ltd & Mr Saunders

Appellant

Mr Patel

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Chairman's Exercise of Discretion on Limitation

Legal Issues

  1. 1 Whether the Chairman erred in exercising discretion to allow an out-of-time complaint under Section 68(6) of the Race Relations Act 1976
  2. 2 Whether irrelevant factors were considered in the exercise of discretion

Ratio Decidendi

The Chairman erred by taking into account two irrelevant factors—generalising about the certainty required by ethnic minorities before litigating, and the public interest in private litigation—when exercising discretion to extend time. The decision to allow the complaint to proceed cannot stand and must be set aside.

Court Disposition

Appeal allowed; matter remitted to a fresh Industrial Tribunal.

Orders

  • Set aside the Chairman's decision to extend time.
  • Remit the matter to a fresh Industrial Tribunal for reconsideration.