Kaur v The City Of Edinburgh Council & Ors (Race Discrimination : Continuing act) [2011] UKEAT 0015_11_1011 (10 November 2011)

Kaur v The City Of Edinburgh Council & Ors (Race Discrimination : Continuing act) [2011] UKEAT 0015_11_1011 (10 November 2011)

On the pleadings, the claimant has set out a prima facie case of a continuing discriminatory act, and the claims struck out are not time barred; the appeal is upheld and the case remitted for an evidential hearing.

Citation
[2011] UKEAT 0015_11_1011
Parties
Appellant: Ms Kaur; First Respondent: City of Edinburgh Council; Second Respondent: Ms Jennifer Dawe
Jurisdiction
United Kingdom
Judgment Date
10 November 2011
Procedural Posture
Employment Appeal / Appeal Against Partial Strike Out at Pre Hearing Review
Outcome
Appeal upheld
Legal Topics
Race Discrimination, Time Bar, Continuing Act, Strike Out Procedure
Employment Law Equality Law Race Discrimination Time Bar Continuing Act Strike Out Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Ms Kaur

Appellant

City of Edinburgh Council

First Respondent

Ms Jennifer Dawe

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Partial Strike Out at Pre Hearing Review

Legal Issues

  1. 1 Whether the claimant's allegations constitute a continuing act of discrimination
  2. 2 Whether claims are time barred and should be struck out without evidence

Ratio Decidendi

On the pleadings, the claimant has set out a prima facie case of a continuing discriminatory act, and the claims struck out are not time barred; the appeal is upheld and the case remitted for an evidential hearing.

Court Disposition

Appeal upheld

Orders

  • Case remitted to Employment Tribunal for evidential hearing
  • Employment Tribunal to proceed as accords