Clarkslegal LLP - Solicitors in Reading and London

Legal Updates

Separate Incidents of Discrimination

29 March 2010 #Employment


A claim for discrimination must generally be submitted at the Tribunal within the 3 month period beginning when the act complained of was done or if various complaints are being relied upon over a period, the time limit runs from the end of that period.    

In the case of Aziz v FDA, the Tribunal looked at whether separate acts of discrimination over different periods of time formed part of the same continuing act, in order for the various claims to be submitted in time.
   
The employee in this case had made allegations about three union officials over three different periods alleging that they had been instructed by the company to act in the same way.  One relevant factor that the Court of Appeal considered was whether the same individuals or different individuals were involved in the separate acts of discrimination.

Although there was a case to answer for arguing that there was a continuing act of discrimination through each period, the Court of Appeal held that there was no basis for alleging that the separate matters could be joined to form a single continuing act.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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