Source: All England Reporter
Publisher Citation: [2001] All ER (D) 267 (Feb)
Court: Employment Appeal Tribunal

Judge Altman, Mr K Edmondson and Miss S Wilson

Representation Jennifer Eady (instructed by the Commission for Racial Equality) for the appellant.
  Shabbir Lakha (instructed by Richard Stevens) for the respondent.
Judgment Dates: 22 February 2001


Employment tribunal - Practice - Complaint of racial discrimination - Time limits - Whether just and equitable to extend time - Chairman sitting alone dismissing complaint as out of time at preliminary hearing - Appeal - Whether appropriate that chairman sitting alone and taking decision at preliminary hearing - Guidance given.

The Case

The Employment Appeal Tribunal, having been invited, on appeal, to formulate guidance as to when an employment tribunal chairman should sit alone to deal with time limit issues in race discrimination cases, and also as to when such issues could fairly be taken at a preliminary hearing, stated that it would be inappropriate to attempt any summary of best practice and that it was a matter for the good judgment of the chairman in each individual case.

Practice Areas

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