Richman v Knowsley Metropolitan Borough Council (Disability Discrimination : Disability) [2013] UKEAT 0047_13_0509 (05 September 2013)

Richman v Knowsley Metropolitan Borough Council (Disability Discrimination : Disability) [2013] UKEAT 0047_13_0509 (05 September 2013)

The disciplinary process constituted a continuing act extending up to the date of claim presentation, and the Employment Tribunal erred in law by applying an unduly narrow test. The claim was therefore in time.

Source-derived case information.

Citation
[2013] UKEAT 0047_13_0509
Parties
Appellant/claimant: Mr Richman; Respondent: Knowsley Metropolitan Borough Council
Jurisdiction
United Kingdom
Judgment Date
05 September 2013
Procedural Posture
Employment Appeal Tribunal / Appeal Against Employment Tribunal's Dismissal on Time Bar
Outcome
Appeal allowed; Employment Tribunal's decision set aside; claim remitted for rehearing before a different Tribunal.
Legal Topics
Disability Discrimination, Jurisdictional Time Limits, Extension of Time, Continuing Act Doctrine
Employment Law Equality Law Disability Discrimination Jurisdictional Time Limits Extension of Time Continuing Act Doctrine

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr Richman

Appellant/claimant

Knowsley Metropolitan Borough Council

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Employment Tribunal's Dismissal on Time Bar

Legal Issues

  1. 1 Whether the claim of disability discrimination was presented within the statutory time limit
  2. 2 Whether the disciplinary process constituted a continuing act for limitation purposes
  3. 3 Whether the Employment Tribunal erred in law by applying an unduly narrow test for continuing acts

Ratio Decidendi

The disciplinary process constituted a continuing act extending up to the date of claim presentation, and the Employment Tribunal erred in law by applying an unduly narrow test. The claim was therefore in time.

Court Disposition

Appeal allowed; Employment Tribunal's decision set aside; claim remitted for rehearing before a different Tribunal.

Orders

  • The claim is in time and should proceed.
  • The case is remitted to a freshly constituted Employment Tribunal for a full hearing.