Nwakwu v Westminster City Council UKEAT/0102/18/JOJ

Appeal against the ET’s dismissal of the Claimant’s claims based on time limits. Appeal allowed.

The Claimant had been an agency worker assigned to the Respondent organisation, and brought a number of claims (including race discrimination, harassment, victimisation and breaches of the Agency Workers Regulations 2010 ("AWR")) concerning his treatment by the Respondent. The ET dismissed all of his claims (so far as relevant to the appeal) based on time limits. However, the Respondent conceded that the ET had erred in its approach, and it fell to be decided whether the case should be remitted to the same ET or a fresh ET.

The EAT held that the case should be remitted to a fresh ET for a number of reasons, including: there had been a significant passage of time; claims under the AWR should be considered by a Judge sitting alone, which would make it inappropriate to remit to the same, full ET; little evidence would be required and most of the facts would be agreed; and the other aspects of the original hearing were not relevant to the remitted issues.


Published: 22/02/2019 16:56

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