Fenn (T/A Powercutz) v Schreeve (Jurisdictional Points: Continuity of Employment): EAT 2 Oct 2015

JURISDICTIONAL POINTS – Claim in time and effective date of termination
DISABILITY DISCRIMINATION – Direct disability discrimination
PRACTICE AND PROCEDURE – Costs
Equality Act 2010 limitation. No express finding by the Employment Tribunal on a late point raised by the Respondent below. However, it is plain that there was a ‘continuing act’ which rendered all claims in time.
Permissible finding of section 13 discrimination, the point being academic since there is no challenge to a section 15 finding.
Costs application by the successful Respondent refused. Limitation point arguable and capable of affecting level of compensation.

Peter Clark HHJ
[2015] UKEAT 0160 – 15 – 0210
Bailii
England and Wales

Employment

Updated: 07 January 2022; Ref: scu.556430