The Basildon Academies Trust v Polius-Curran (Race Discrimination : Continuing act) [2015] UKEAT 0055_15_2306 (23 June 2015)

The Basildon Academies Trust v Polius-Curran (Race Discrimination : Continuing act) [2015] UKEAT 0055_15_2306 (23 June 2015)

The Tribunal erred in law by mischaracterising the appointment as a continuing act and failing to properly apply the just and equitable extension factors, and by not considering the Respondent’s explanation at Stage 2 of the Igen v Wong enquiry.

Citation
[2015] UKEAT 0055_15_2306
Parties
Claimant: Ms Perena Polius-Curran; Respondent: Basildon Academies Trust
Jurisdiction
United Kingdom
Judgment Date
23 June 2015
Procedural Posture
Employment Appeal / Appeal Against Reserved Judgment
Outcome
Appeal allowed; case remitted for reconsideration.
Legal Topics
Race Discrimination, Limitation Periods, Direct Discrimination, Extension of Time
Employment Law Equality Law Race Discrimination Limitation Periods Direct Discrimination Extension of Time

Case Brief

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Parties

Ms Perena Polius-Curran

Claimant

Basildon Academies Trust

Respondent

Procedural Posture

Employment Appeal / Appeal Against Reserved Judgment

Legal Issues

  1. 1 Whether the appointment of Mr Coombs constituted a continuing act of discrimination under section 123(3) Equality Act 2010
  2. 2 Whether it was just and equitable to extend time for the complaint
  3. 3 Whether the Tribunal failed to consider the Respondent’s explanation at Stage 2 of Igen v Wong

Ratio Decidendi

The Tribunal erred in law by mischaracterising the appointment as a continuing act and failing to properly apply the just and equitable extension factors, and by not considering the Respondent’s explanation at Stage 2 of the Igen v Wong enquiry.

Court Disposition

Appeal allowed; case remitted for reconsideration.

Orders

  • Remit both limitation and substantive discrimination issues to the same Employment Tribunal chaired by Employment Judge Jones, if practicable.
  • Tribunal to reconsider extension of time and Stage 2 of Igen v Wong enquiry.