City of Edinburgh Council v Kaur [2013] ScotCS CSIH_32 (23 April 2013)

City of Edinburgh Council v Kaur [2013] ScotCS CSIH_32 (23 April 2013)

The Employment Tribunal erred in dismissing aspects of the claimant's case as time barred without hearing evidence to establish whether the alleged acts constituted a continuing act of discrimination. The claimant had set out a prima facie case capable of establishing a continuing act extending over the relevant period, and the claims should proceed to an evidential hearing.

Citation
[2013] ScotCS CSIH_32
Parties
Respondent and Appellant: City of Edinburgh Council; Claimant and Respondent: Kamaljit Kaur
Jurisdiction
Scotland
Judgment Date
23 April 2013
Procedural Posture
Appeal / Appeal From Employment Appeal Tribunal Decision Reinstating Claims Previously Dismissed by Employment Tribunal
Outcome
appeal refused; Employment Appeal Tribunal decision upheld
Legal Topics
Racial Discrimination, Victimisation, Time Bar, Continuing Act, Institutional Racism
Employment Law Equality Law Racial Discrimination Victimisation Time Bar Continuing Act Institutional Racism

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 31 Party arguments 2
Sign in to unlock

Parties

City of Edinburgh Council

Respondent and Appellant

Kamaljit Kaur

Claimant and Respondent

Procedural Posture

Appeal / Appeal From Employment Appeal Tribunal Decision Reinstating Claims Previously Dismissed by Employment Tribunal

Legal Issues

  1. 1 Whether the claimant's allegations of racial discrimination and victimisation constituted a continuing act extending over a period, thus bringing claims within statutory time limits
  2. 2 Whether the Employment Tribunal erred in dismissing claims as time barred without hearing evidence
  3. 3 Distinction between time bar as a jurisdictional issue and striking out on merits

Ratio Decidendi

The Employment Tribunal erred in dismissing aspects of the claimant's case as time barred without hearing evidence to establish whether the alleged acts constituted a continuing act of discrimination. The claimant had set out a prima facie case capable of establishing a continuing act extending over the relevant period, and the claims should proceed to an evidential hearing.

Court Disposition

appeal refused; Employment Appeal Tribunal decision upheld

Orders

  • Claims previously dismissed by the Employment Tribunal are reinstated and may proceed to evidential hearing.
  • Time bar remains subject to determination after hearing evidence.