Edusei v Ledwith & Anor

EMPLOYMENT APPEAL TRIBUNAL 58 VICTORIA EMBANKMENT, LONDON EC4Y 0DS At the Tribunal On 25 October 1996 Judgment delivered on 27 February 1997 Before

MRS JUSTICE SMITH: This is an appeal from the decision of an Industrial Tribunal Chairman sitting alone in Manchester on 27th October 1995 in which he dismissed the appellant's complaint that the respondents had discriminated against him on the ground of his race. He held that the claim had been presented outside the three month time limit imposed by Section 68(1) of the Race Relations Act 1976 and considered it neither just nor equitable that time should be extended under the discretionary provision of Section 68 (5).

On 2nd March 1995, the first respondent again advertised for sales staff. Those interested were invited to attend an open day to be held on 4th March. When the appellant became aware of this advertisement on 8th March he considered that the respondents were in breach of their undertaking. He contended that Mr Ledwith had omitted to call him for an interview because of his `accent, foreign name and ethnic origin'.

The appellant sought advice from the Commission for Racial Equality (CRE) who, by letter dated 3rd April, advised him that the time limit for presenting an application to the Industrial Tribunal was three months from the act of discrimination complained of. That meant, they advised him, that he must present his application by 7th June 1995. They advised that it was his responsibility to submit the appropriate form.

On 16th May a questionnaire was sent to the respondents on the appellant's behalf. On 16th June the appellant presented his originating application which alleged that the act complained of took place on 8th March 1995. The respondents' Notice of Appearance contended that the complaint had been presented out of time. It also denied racial discrimination.