The bank had decided not to credit re-located employees, for pension purposes, with their previous service in East Africa. The employees had been re-located to the United Kingdom some time in the early 1970s all upon terms that their prior service was not to count towards their pension entitlement. In 1987 they complained to an Industrial Tribunal that they had been discriminated against on the grounds of race.
Held: Lord Griffiths identified the difference between a one off act of discrimination and a continuing discrimination. Where an employer operated a rule, the continuing discrimination which results from the discriminatory rule would only come to an end when the rule was abrogated.
Lord Griffiths, with whom the other members of the House agreed, said: ‘In the present case the Court of Appeal were in my view right to approve these two decisions and to classify the pension provisions as a continuing act lasting throughout the period of employment and so governed by subsection (7)(b). . . A man works not only for his current wage but also for his pension and to require him to work on less favourable terms as to pension is as much a continuing act as to require him to work for lower current wages.’
Judges:
Lord Griffiths
Citations:
[1991] 2 AC 355, [1991] IRLR 136
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Cast v Croydon College CA 19-Mar-1998
Complaint was made within time limit when the decision complained of was a reconsideration of an earlier decision, not just a reference back to it.
Held: In a sex discrimination case, where there has been a constructive dismissal, time runs . .
Cited – Matuszowicz v Kingston Upon Hull City Council CA 10-Feb-2009
The appellant was employed as a teacher. He became disabled on losing part of his arm. He had been located at a prison and was unable to manage the heavy doors. He complained that the respondent had not made reasonable adjustments by transferring . .
Cited – Miller and Others v Ministry of Justice SC 16-Dec-2019
The issue in this appeal is when time starts to run for a claim by a part-time judge to a pension under the Part-time Workers’ Directive (Directive 97/81) (‘PTWD’), as applied by the Part-time Workers (Prevention of Less Favourable Treatment) . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 25 May 2022; Ref: scu.282642