Source:	All England Reporter
Publisher Citation:	[2002] All ER (D) 505 (May)
Court:	Employment Appeal Tribunal
Judge:	Judge Peter Clark, Mr W Morris and Mrs D Palmer
Representation	The applicant appeared in person.
	The respondent appeared by its representative.
Judgment Dates:	19 April 2002

Catchwords

Employment - Discrimination against a woman - Limitation of action - Statute - Applicant filing complaint of sex discrimination after expiration of limitation period - Tribunal finding that it was not reasonably practicable for applicant to have lodged her application before expiration of limitation period and permitting her to proceed with complaint - Whether tribunal applying appropriate test - Whether tribunal misdirecting itself in law - s 76(5).

The Case

An appeal against the decision of an employment tribunal to allow an applicant's complaint of unfair dismissal, unlawful deduction of wages-breach of contract, and sex discrimination to proceed out of time was allowed because the tribunal had misdirected itself in law in failing to apply the appropriate test in relation to the limitation period for complaints of sex discrimination.

Practice Areas

• Company Commercial
• Local Government
• Dispute Resolution
• Employment

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