Source: All England Reporter
Publisher Citation: [2002] All ER (D) 407 (Nov)
Neutral Citation: [2002] EWCA Civ 1686
Court: Court of Appeal, Civil Division

Judge, Mummery and May LJJ

Representation Robin Allen QC and Jason Galbraith-Marten (instructed by Schilling & Lom and Partners) for the employee.
  John Cavanagh QC and Louise Chudleigh (instructed by the Solicitor for the Metropolitan Police Service) for the employee.
Judgment Dates: 27 November 2002


Employment - Employment tribunal - Jurisdiction - Complaints of discrimination - Time limit - Determination of a continuing act - s 76(1)(a) - s 68(7)(b).

The Case

When determining whether an act extended over a period of time for the purposes of the or the an employment tribunal should not allow itself to be side-tracked by focusing on whether a policy could be discerned. Instead, the focus should be on the substance of the complaints that an employer was responsible for an ongoing situation or a continuing state of affairs in which a person who was female and of an ethnic minority was treated less favourably. The question was whether there was an act extending over a period as distinct from a succession of unconnected or isolated specific acts, for which time would begin to run from the date when each specific act was committed.

Practice Areas

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