||All England Reporter
|| All ER (D) 407 (Nov)
|| EWCA Civ 1686
||Court of Appeal, Civil Division
Judge, Mummery and May LJJ
||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.
||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).
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.
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