At the Tribunal | |
On 18 February 2011 | |
Before
HIS HONOUR JUDGE PETER CLARK
(SITTING ALONE)
APPELLANT | |
RESPONDENT |
Transcript of Proceedings
JUDGMENT
For the Appellant | MR J ITESHI (The Appellant in Person) |
For the Respondent | MR ANDREW EDGE (of Counsel) Instructed by: London Borough of Hammersmith and Fulham (Legal Services) Town Hall King Street Hammersmith London W6 9JU |
SUMMARY
PRACTICE AND PROCEDURE
New evidence on appeal
Striking-out/dismissal
RACE DISCRIMINATION – Continuing act
Fresh evidence on appeal – continuing act – ET rule 18(7)(b) strike-out.
Fresh evidence admitted to show that final complaint was in time, but that earlier complaints did not form part of a continuing act (separate job applications by non-employee). Final complaint properly struck out as having no reasonable prospect of success, albeit a complaint of race discrimination.
HIS HONOUR JUDGE PETER CLARK
Background
The Cross-Appeal
Fresh Evidence
Primary Limitation
Continuing Act
Strike-Out
Conclusion