Robinson v Royal Surrey County Hospital NHS Foundation Trust (Jurisdictional Points: Claim in time and effective date of termination) [2015] UKEAT 0311_14_3007 (30 July 2015)

Robinson v Royal Surrey County Hospital NHS Foundation Trust (Jurisdictional Points: Claim in time and effective date of termination) [2015] UKEAT 0311_14_3007 (30 July 2015)

The ET was entitled to find that the dismissal was not part of a continuing act of discrimination and that the whistle-blowing claim, as pleaded, had no reasonable prospect of success; failure to permit amendment did not constitute an error of law given the claimant's repeated failure to particularise her case.

Citation
[2015] UKEAT 0311_14_3007
Parties
Appellant: Claimant; Respondent: First Respondent (NHS Foundation Trust)
Jurisdiction
United Kingdom
Judgment Date
30 July 2015
Procedural Posture
Employment Appeal Tribunal / Appeal and Cross Appeal From Preliminary Hearing Judgment
Outcome
Appeal dismissed; cross-appeal allowed
Legal Topics
Disability Discrimination, Whistle Blowing, Time Limits, Strike Out Procedure
Employment Law Discrimination Law Disability Discrimination Whistle Blowing Time Limits Strike Out Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

First Respondent (NHS Foundation Trust)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal and Cross Appeal From Preliminary Hearing Judgment

Legal Issues

  1. 1 Whether various claims of disability discrimination constituted continuing acts for limitation purposes
  2. 2 Whether the dismissal was part of a continuing act of discrimination
  3. 3 Whether the Employment Tribunal erred in striking out the whistle-blowing claim without permitting amendment

Ratio Decidendi

The ET was entitled to find that the dismissal was not part of a continuing act of discrimination and that the whistle-blowing claim, as pleaded, had no reasonable prospect of success; failure to permit amendment did not constitute an error of law given the claimant's repeated failure to particularise her case.

Court Disposition

Appeal dismissed; cross-appeal allowed

Orders

  • Disability discrimination claims (except direct discrimination in dismissal) remain struck out as out of time
  • Whistle-blowing claim struck out as having no reasonable prospect of success