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Bahous v Pizza Express Restaurant Ltd - Just and equitable extension of time [2011] EAT

When considering whether it is just and equitable to extend time in a discrimination claim, a tribunal must (1) consider the balance of prejudice, including the merits of the case, and (2) not visit upon a claimant the failings of his professional legal advisers. 

Waiter Mr Bahous resigned from Pizza Express and claimed constructive unfair dismissal and race discrimination. He had been asked to produce his passport (as an illegality check), failed to do so, and been suspended. He raised a grievance that only he and another black employee were suspended, and in due course his suspension was lifted. His solicitors demanded an apology and compensation. Pizza Express apologised for losing his file which was what had triggered the request, but said the ethnicity of staff so asked was coincidence. Meanwhile Mr Bahous found a better paid job and resigned.

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