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England and Wales Case Law

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Equality and discrimination law

Mohammed Arif v John Baker & Ors

County Court judgment on alleged race and religion discrimination and victimisation in Conservative Party candidate approval and disciplinary proceedings.

  • Direct discrimination
  • Victimisation
  • Protected characteristics (race, religion)
  • Burden of proof in discrimination
  • Continuing acts
  • Remedies for discrimination
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Employment law [2017] EWCA Civ 2137

Xerox (UK) Ltd & Ors v Zeb

Xerox (UK) Ltd & Ors v Zeb [2017] EWCA Civ 2137 (14 December 2017)

The Court of Appeal struck out a purported discrimination claim based on redundancy risk, but remitted the remaining claims to the Employment Tribunal.

  • Unlawful discrimination
  • Limitation periods
  • Continuing acts
  • Strike out applications
  • Employment-discrimination
  • Strike-out
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Employment law

Okoro & Anor v Taylor Woodrow Construction Ltd & Ors

The Court of Appeal held that a ban on contract workers was a one-off act, not a continuing act, so the race discrimination claims were out of time.

  • Racial discrimination
  • Contract workers
  • Limitation period
  • Continuing acts
  • Employment tribunal procedure
  • Race-discrimination
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Employment law [2008] EWCA Civ 1426

MA v Merck Sharp & Dohme Ltd

MA v Merck Sharp & Dohme Ltd [2008] EWCA Civ 1426 (16 December 2008)

Court of Appeal held that most of Dr Ma’s race discrimination complaints could not be excluded as out of time before the merits hearing.

  • Race discrimination
  • Limitation periods
  • Continuing acts
  • Case management
  • Employment tribunal procedure
  • Race-discrimination
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Employment law

MA v Merck Sharp & Dohme Ltd

Court of Appeal case on whether a race discrimination complaint was timely as a continuing act, and whether earlier allegations should be left for the merits hearing.

  • Race discrimination
  • Limitation periods
  • Continuing acts
  • Case management
  • Race-discrimination
  • Continuing-acts
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Employment law [2006] EWCA Civ 1548

Lyfar v Brighton and Sussex University Hospitals Trust

Lyfar v Brighton and Sussex University Hospitals Trust [2006] EWCA Civ 1548 (14 November 2006)

The Court of Appeal upheld the Employment Tribunal’s refusal to hear most of a race discrimination claim out of time and dismissed the appeal.

  • Race discrimination
  • Limitation periods
  • Continuing acts
  • Just and equitable extension
  • Employment tribunal procedure
  • Race-discrimination
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Employment law [2004] EWCA Civ 1351

Akinmolasire v Camden and Islington Mental Health NHS Trust

Akinmolasire v Camden and Islington Mental Health NHS Trust [2004] EWCA Civ 1351 (06 October 2004)

The Court of Appeal dismissed an employee’s appeal in a race discrimination case, holding the tribunal had decided an unpleaded complaint not raised in the originating application.

  • Race discrimination
  • Procedural fairness
  • Jurisdiction of employment tribunal
  • Continuing acts
  • Time limits for claims
  • Employment-law
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Employment law [2004] EWCA Civ 377

Henry v London Borough of Newham

Henry v London Borough of Newham [2004] EWCA Civ 377 (05 March 2004)

Court of Appeal dismissed a race discrimination appeal, holding the Employment Tribunal had not erred on continuing acts, time limits, or the factual findings.

  • Racial discrimination
  • Time limits
  • Continuing acts
  • Employment tribunal procedure
  • Racial-discrimination
  • Employment-tribunal-time-limits
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Employment law [2002] EWCA Civ 354

Bayliss v London Borough Of Hounslow

Bayliss v London Borough Of Hounslow [2002] EWCA Civ 354 (21 March 2002)

Court of Appeal upheld the strike-out of race discrimination and victimisation claims, finding no continuing act and no legal error in treating the 19 August 1994 incident as non-actionable.

  • Race discrimination
  • Victimisation
  • Employment tribunal jurisdiction
  • Time limits for claims
  • Continuing acts
  • Detriment
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.