Kingston Upon Hull City Council v. Matuszowicz [2008] UKEAT 0409_07_2801 (28 January 2008)

Kingston Upon Hull City Council v. Matuszowicz [2008] UKEAT 0409_07_2801 (28 January 2008)

The claim for failure to transfer to suitable alternative work was a one-off omission made in August 2005, not a continuing act; therefore, the claim was out of time and should have been dismissed. The Employment Judge erred in treating this claim differently from the other out-of-time claims.

Citation
[2008] UKEAT 0409_07_2801
Parties
Claimant: Kingston Upon Hull City Council; Transferee: City of Manchester College; Respondent: Mr Matuszowicz
Jurisdiction
United Kingdom
Judgment Date
28 January 2008
Procedural Posture
Employment Appeal / Appeal Against Preliminary Hearing Decision on Jurisdiction/time Limits
Outcome
Appeal allowed; judgment of Employment Judge set aside on the sole outstanding claim.
Legal Topics
Time Limits for Discrimination Claims, Continuing Act Doctrine, TUPE Transfers, Jurisdiction of Employment Tribunal
Employment Law Disability Discrimination Time Limits for Discrimination Claims Continuing Act Doctrine TUPE Transfers Jurisdiction of Employment Tribunal

Case Brief

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Parties

Kingston Upon Hull City Council

Claimant

City of Manchester College

Transferee

Mr Matuszowicz

Respondent

Procedural Posture

Employment Appeal / Appeal Against Preliminary Hearing Decision on Jurisdiction/time Limits

Legal Issues

  1. 1 Whether the claim for failure to transfer to suitable alternative work was in time under the Disability Discrimination Act 1995
  2. 2 Whether the alleged omission constituted a continuing act for limitation purposes
  3. 3 Whether the correct respondent post-TUPE transfer was Kingston Upon Hull City Council or City of Manchester College

Ratio Decidendi

The claim for failure to transfer to suitable alternative work was a one-off omission made in August 2005, not a continuing act; therefore, the claim was out of time and should have been dismissed. The Employment Judge erred in treating this claim differently from the other out-of-time claims.

Court Disposition

Appeal allowed; judgment of Employment Judge set aside on the sole outstanding claim.

Orders

  • Both grounds of appeal allowed.
  • If necessary, TUPE point to be remitted to Employment Judge for determination.