EAT AGE DISCRIMINATION
JURISDICTIONAL POINTS – Claim in time and effective date of termination
The issue was whether a complaint was out of time. An Employment Judge who was asked to rule on whether a complaint of the receipt of lower pay than those in a comparable position but for their age had been made within the time limits provided by the Employment Equality (Age) Regulations 2006 reg. 42 erred. She did not address the basis of claim as advanced to her by the Claimants (albeit deciding in their favour), and if she did came to her conclusion on a basis which was flawed, since she did not clearly identify the act which was complained of in the claim and was said to be a continuing act; and when she dealt with the reasons for her decision did so in terms which neither party’s representatives understood. Her judgment appeared to deal with the consequences of re-grading under the NHS Agenda for Change to a transitional pay scale, in the case of those who were younger, which ceased some considerable time before the claims were issued, yet found their complaint to have been in time as part of a continuing act. The distinction between acts and consequences was not obviously appreciated.
Case remitted for reconsideration.
Judges:
Langstaff J
Citations:
[2011] UKEAT 0019 – 11 – 2402
Links:
Employment
Updated: 06 September 2022; Ref: scu.431868
