EAT Race Discrimination : Continuing Act – The Claimant complained of entries made on Facebook by work colleagues, said to be acts of discrimination on the grounds of disability and nationality. He was found to be out of time. The Employment Judge’s decision at a PHR in part was reversed. The Employment Judge erred in holding the entries were not linked by subject matter, people and time, so as to create a continuing act. Remitted to a full merits hearing.
Judges:
McMullen QC J
Citations:
[2012] UKEAT 0279 – 12 – 1409
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Pugh v National Assembly for Wales EAT 26-Sep-2006
EAT The ET dismissed as premature the Claimant”s application for disability discrimination because the application was made less than 28 days after the Claimant”s grievance had been raised in a letter dated . .
Cited – Afolabi v Southwark London Borough Council CA 24-Jan-2003
The claimant applied for leave to bring an action for race discrimination nine years after the acts complained of. Leave was granted. The respondent said the tribunal should have heard the complaint first before deciding to extend time.
Held: . .
Cited – Virdi v Commisioner of Police of the Metropolis, Central Police Training and Development Authority (Centrex) EAT 6-Oct-2006
EAT The appellant lodged claims under the Race Relations Act 1976 against the First Respondent. He contended they were in time. The ET held that they had been lodged a day out of time and refused to extend time . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 06 November 2022; Ref: scu.465817
