Ruhaza v Alexander Hancock Recruitment Ltd: EAT 4 Nov 2011

EAT Race Discrimination : Direct – Indirect – Continuing act
The Employment Tribunal was correct to find that it had no jurisdiction to entertain claims for direct and indirect discrimination on the grounds of race as the claims were issued out of time, and no application had been made to extend time.
Although the Employment Tribunal may have misdirected itself as to the definition of direct discrimination, the claim was clearly presented out of time. There was no basis for saying that the Claimant had been subject to a continuing act of discrimination. The Employment Tribunal, had, however failed to deal with the issue.
Insofar as the Claimant’s claims related to an alleged discriminatory policy or discriminatory advertisement such claims could only be brought by the CRE under ss28 and 29 of the Race Relations Act 1976.
Serota QC J
[2011] UKEAT 0337 – 10 – 0411
Bailii
Race Relations Act 1976 28 29
England and Wales

Updated: 18 March 2021; Ref: scu.448113