Points of appeal

Case 9: The facts

After she was dismissed for alleged misconduct, Yasmin Khan brought a claim for unfair dismissal (which failed) and a second claim for race discrimination and victimisation.

The second claim was issued more than three months after her dismissal, but less than three months after the end of the internal appeals process which confirmed the decision to dismiss her.

The tribunal refused to hear the claim because it was out of time, and refused to extend the time limit.

The ruling

The Court of Appeal found that, although Khan had claimed that the dismissal itself had been discriminatory in her first claim, her second claim could only proceed if she could establish that the appeals process was discriminatory. That would have created a continuing act of discrimination up until the end of the appeal process, meaning that her claim would have been issued in time.

But Khan had not at any earlier stage argued that the appeal process itself had been discriminatory. This was therefore a new point of law and could not be raised for the first time at the appeal stage except in exceptional circumstances. Khan’s appeal was therefore rejected.

Khan v Royal Mail plc [2006] EWCA Civ 2