Ilori v Leeds City Council & Anor [2008] UKEAT 0495_07_1701 (17 January 2008)

Ilori v Leeds City Council & Anor [2008] UKEAT 0495_07_1701 (17 January 2008)

The Tribunal did not err in law in concluding that the complaints made by the Appellant fell into two separate types and periods, with no sufficient connection to constitute a single continuing act of discrimination. The Tribunal correctly applied the legal test from Hendriks and Robertson, considering the substance of the complaints and the evidence, and was entitled to find that the two periods were distinct in time, personnel, and subject matter.

Citation
[2008] UKEAT 0495_07_1701
Parties
Appellant: Mrs Ilori; Respondent: Leeds City Council; Respondent: Two individual employees of Leeds City Council
Jurisdiction
United Kingdom
Judgment Date
17 January 2008
Procedural Posture
Employment Appeal Tribunal (eat) Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Race Discrimination, Continuing Act, Limitation Period, Victimisation
Employment Law Discrimination Law Race Discrimination Continuing Act Limitation Period Victimisation

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Ilori

Appellant

Leeds City Council

Respondent

Two individual employees of Leeds City Council

Respondent

Procedural Posture

Employment Appeal Tribunal (eat) Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in finding that the complaints made by the Appellant did not constitute a single continuing act of race discrimination spanning two periods
  2. 2 Whether the Tribunal misapplied the legal test for a continuing act as set out in Hendriks and Robertson

Ratio Decidendi

The Tribunal did not err in law in concluding that the complaints made by the Appellant fell into two separate types and periods, with no sufficient connection to constitute a single continuing act of discrimination. The Tribunal correctly applied the legal test from Hendriks and Robertson, considering the substance of the complaints and the evidence, and was entitled to find that the two periods were distinct in time, personnel, and subject matter.

Court Disposition

Appeal dismissed