Novak v Phones 4U Ltd (Race Discrimination : Continuing act) [2012] UKEAT 0279_12_1409 (14 September 2012)

The Employment Judge erred in holding that the acts were not linked by subject matter, people, and time; the acts constituted a continuing act, making the claims in time. The matter is remitted for a full merits hearing.

Citation: [2012] UKEAT 0279_12_1409
Parties: Appellant: Claimant; Respondent: Respondent
Jurisdiction: United Kingdom
Judgment Date: 14 September 2012
Procedural Posture: Employment Appeal / Appeal From Preliminary Hearing Review (phr) Decision
Outcome: Appeal allowed in part; Employment Judge's decision set aside as to jurisdiction; matter remitted for full merits hearing.
Legal Topics: Race Discrimination, Disability Discrimination, Continuing Act, Jurisdiction, Limitation Periods, Harassment, Victimisation

Employment Law Equality Law Race Discrimination Disability Discrimination Continuing Act Jurisdiction Limitation Periods Harassment +1 more

Case Brief

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Parties

Claimant

Appellant

Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Hearing Review (phr) Decision

Legal Issues

1 Whether the acts complained of constituted a continuing act for limitation purposes
2 Whether the claims were brought in time under the relevant discrimination statutes
3 Whether the Employment Judge erred in failing to link the acts as a continuing act

Ratio Decidendi

Court Disposition

Appeal allowed in part; Employment Judge's decision set aside as to jurisdiction; matter remitted for full merits hearing.

Orders

Set aside the Employment Judge's decision on jurisdiction.
Remit the matter to a three-person Employment Tribunal for a full merits hearing.