BHS Ltd & Anor v Walker & Anor [2005] UKEAT 0001_05_1105 (11 May 2005)

BHS Ltd & Anor v Walker & Anor [2005] UKEAT 0001_05_1105 (11 May 2005)

The course of conduct alleged by the Claimant had sufficient proximity to the employment relationship to constitute a continuing act for limitation purposes, and incidents found proven by the Employment Tribunal were unlawful acts of sex discrimination under Section 6(2) SDA.

Citation
[2005] UKEAT 0001_05_1105
Parties
Claimant: Ms Sonja Walker; Appellant/respondent: British Home Stores Ltd (Bhs); Appellant/respondent: Rebecca Jean Hough; Third Respondent: Premier Model Management Limited
Jurisdiction
United Kingdom
Judgment Date
11 May 2005
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal
Outcome
Appeal dismissed; cross-appeal allowed in part; remedies judgment set aside.
Legal Topics
Sexual Harassment, Sex Discrimination, Limitation Periods, Continuing Act, Remedies
Employment Law Equality Law Sexual Harassment Sex Discrimination Limitation Periods Continuing Act Remedies

Case Brief

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Parties

Ms Sonja Walker

Claimant

British Home Stores Ltd (Bhs)

Appellant/respondent

Rebecca Jean Hough

Appellant/respondent

Premier Model Management Limited

Third Respondent

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal

Legal Issues

  1. 1 Whether the claims were presented in time under Section 76(6)(b) SDA (continuing act)
  2. 2 Whether time should be extended under Section 76(5) SDA (discretion)
  3. 3 Whether certain acts amounted to unlawful discrimination under Section 6(2) SDA

Ratio Decidendi

The course of conduct alleged by the Claimant had sufficient proximity to the employment relationship to constitute a continuing act for limitation purposes, and incidents found proven by the Employment Tribunal were unlawful acts of sex discrimination under Section 6(2) SDA.

Court Disposition

Appeal dismissed; cross-appeal allowed in part; remedies judgment set aside.

Orders

  • Complaints at paragraphs 17.3 and 17.4 of Employment Tribunal's Reasons declared unlawful acts of sex discrimination.
  • Remedies judgment set aside and issue of remedy remitted to Employment Tribunal for reconsideration.