Source: All England Reporter
Publisher Citation: [2012] All ER (D) 132 (May)
Neutral Citation: [2012] EWCA Civ 609
Court: Court of Appeal, Civil Division
Judge:

Lord Justice Longmore, Lord Justice Rimer and Sir Scott Baker
Representation David Reade QC (instructed by North Kensington Law Centre) for the employee.
  Laura Prince (instructed by Crowther Solicitors) for the employer.
  The second defendant did not appear and was not represented.
Judgment Dates: 15 May 2012

Catchwords

Race relations - Discrimination - Employment - Discrimination on racial grounds - Employee being illegally in United Kingdom - Employer having assisted with illegal entry - Employee being dismissed and commencing proceedings - Employee alleging race discrimination during currency of employment - Employment Tribunal dismissing claim on ground no grievance procedure commenced by employee - Employee's request for review being dismissed - Employment Appeal Tribunal upholding decision and refusal to review - Whether tribunals erring in failing to consider whether practicable for employee to have complied with grievance procedure within reasonable time - (Dispute Resolution) Regulations 2002, (3)(b), (c).

The Case

Race relations Discrimination. The Court of Appeal, Civil Division, allowed the employee's appeal, holding that the employment tribunal's decision, of its own motion, to dismiss the employee's race discrimination claim relating to the currency of her employment because she had not first raised a grievance had been unfair and it had not considered reg11(3)(c) of the (Dispute Resolution) Regulations 2002, SI2004-752. It also allowed the employer's cross-appeal, holding that the employee's previously successful claim for compensation for dismissal on grounds of race discrimination had been barred on the ground that the employment contract had been illegal and the employee's claim had arisen out of, or clearly been connected with, her own conduct in respect of that illegality. Consequently, the employee's discrimination claim was dismissed.

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