Nageh v David Game College Ltd & Anor (Jurisdictional Points : Claim in time and effective date of termination) [2011] UKEAT 0112_11_2207 (22 July 2011)

Nageh v David Game College Ltd & Anor (Jurisdictional Points : Claim in time and effective date of termination) [2011] UKEAT 0112_11_2207 (22 July 2011)

The Employment Judge erred by construing the claimant's case too narrowly and failing to consider the broader context of allegations, including being ignored, replaced, and removed from staff lists, which could arguably amount to a continuing act. The declaration that there was no reasonable prospect of success on the continuing act argument was not justified and must be set aside.

Citation
[2011] UKEAT 0112_11_2207
Parties
Appellant/claimant: Ms Lamya Nageh; First Respondent: David Game College Limited; Second Respondent: Mr David Game
Jurisdiction
United Kingdom
Judgment Date
22 July 2011
Procedural Posture
Employment Appeal / Appeal From Pre Hearing Review Decision
Outcome
Appeal allowed
Legal Topics
Jurisdictional Time Limits, Continuing Act Doctrine, Race Discrimination, Sexual Harassment, Religious Discrimination, Whistleblowing, Strike Out Applications
Employment Law Discrimination Law Jurisdictional Time Limits Continuing Act Doctrine Race Discrimination Sexual Harassment Religious Discrimination Whistleblowing +1 more

Case Brief

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Parties

Ms Lamya Nageh

Appellant/claimant

David Game College Limited

First Respondent

Mr David Game

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Pre Hearing Review Decision

Legal Issues

  1. 1 Whether the claimant's pre-dismissal discrimination and whistleblowing claims are in time as a continuing act/act extending over a period
  2. 2 Whether the Employment Judge erred in finding no reasonable prospect of success on the continuing act argument

Ratio Decidendi

The Employment Judge erred by construing the claimant's case too narrowly and failing to consider the broader context of allegations, including being ignored, replaced, and removed from staff lists, which could arguably amount to a continuing act. The declaration that there was no reasonable prospect of success on the continuing act argument was not justified and must be set aside.

Court Disposition

Appeal allowed

Orders

  • Declaration set aside
  • Matter remitted for consideration by Employment Judge Taylor at a case management discussion