The claimant brought a claim for detriment suffered after he had made a protected disclosure. The employer replied that he was out of the three month time limit. He had been off sick after being assaulted, and said that his employers had treated him as a troublemaker after he complained and disclosed that he had not been given appropriate training. He argued that the several acts of detriment were part of a seried of similar acts or failures within the Act. He now appealed rejection of that argument.
Held: It was accepted that it was necessary to allow in discrimination law for the reference to a series of acts, but the issue was whether the tribunal had been correct to dismiss the claim without hearing evidence, and only on the basis of legal argument. It is generally preferable to hear the facts before determining the law to be applied.
Judges:
Mummery, Sedley, Lloyd LLJ
Citations:
[2006] EWCA Civ 1358, [2007] ICR 193, [2007] IRLR 58
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – ALM Medical Services Limited v Bryan Bladon CA 26-Jul-2002
The employee claimed that he had been unlawfully dismissed, and that his dismissal broke the protection given to whistleblowers under the Act. The employer appealed.
Held: In such claims it was necessary first for the tribunal to establish . .
Appeal from – Arthur v London Eastern Railway Ltd (T/A One Stansted Express) EAT 13-Jun-2005
The EAT considered what would amount to a series of acts of detriment when considering whether a protected disclosure action was out of time.
Held: HHJ JR Reid QC asked: ‘What then is the meaning of ‘a series of similar acts or failures’? . .
Cited – ALM (Medical Services) Ltd v Bladon CA 10-Jul-2001
. .
Cited – Hendricks v The Commissioner of Police of the Metropolis CA 27-Nov-2002
The appellant appealed a finding of the Employment Appeal Tribunal against her. She had complained of sex and race discrimination. She alleged that the Tribunal had concentrated on the issues of policy within the respondent police force.
Held: . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 08 July 2022; Ref: scu.245583