Kalu and another v Brighton & Sussex University Hospitals NHS Trust UKEAT/0095/19/RN

Appeal against the ET’s decision to make a deposit order under rule 39 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. Appeal dismissed.

The Appellants, who are consultants employed by the Respondent, brought racial discrimination claims in the ET. The ET made deposit orders in relation to these complaints on the basis that (1) there was little prospect that either Appellant would succeed in establishing that the relevant claims had been brought in time, and (2) there was little reasonable prospect that the Appellants would establish that the investigation conducted on behalf of the Respondent had entailed acts of unlawful discrimination and/or victimisation. The Appellants appealed on grounds including that the claims had been brought in time because the grievance process and the disciplinary action were part of conduct extending over a period that continued up and until the date when the decisions to dismiss the Appellants were taken.

The EAT held that it had been open to the ET to conclude that the grievance process and the disciplinary action did not, collectively, comprise conduct extending over such a period. Accordingly, the appeal would be dismissed, and permission to appeal to the Court of Appeal was refused.


Published: 25/10/2019 10:41

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