Caterham School Ltd v Rose (SEX DISCRIMINATION – Continuing act) [2019] UKEAT 0149_19_1406 (22 August 2019)

Caterham School Ltd v Rose (SEX DISCRIMINATION – Continuing act) [2019] UKEAT 0149_19_1406 (22 August 2019)

The Tribunal erred in law by making a definitive finding that all alleged pre-resignation discriminatory conduct formed part of conduct extending over a period for time limit purposes without evidence or findings of fact, and by extending time for those complaints based on that erroneous premise; the Tribunal also failed to recognise a live harassment claim relating to 17 January 2017, which was not withdrawn and remains to be determined.

Citation
[2019] UKEAT 0149_19_1406
Parties
Respondent to Appeal: Claimant; Appellant: Respondent
Jurisdiction
United Kingdom
Judgment Date
22 August 2019
Procedural Posture
Employment Appeal Tribunal / Appeal From Preliminary Hearing Decision
Outcome
Appeal and cross-appeal allowed
Legal Topics
Sex Discrimination, Age Discrimination, Harassment, Constructive Dismissal, Jurisdictional Time Limits, Continuing Act, Just and Equitable Extension
Employment Law Equality Law Sex Discrimination Age Discrimination Harassment Constructive Dismissal Jurisdictional Time Limits Continuing Act +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Claimant

Respondent to Appeal

Respondent

Appellant

Procedural Posture

Employment Appeal Tribunal / Appeal From Preliminary Hearing Decision

Legal Issues

  1. 1 Whether the Tribunal erred in finding conduct extending over a period for time limit purposes without evidence or findings of fact
  2. 2 Whether the Tribunal failed to recognise and determine a harassment claim relating to 17 January 2017
  3. 3 Whether it was just and equitable to extend time for pre-resignation discrimination complaints

Ratio Decidendi

The Tribunal erred in law by making a definitive finding that all alleged pre-resignation discriminatory conduct formed part of conduct extending over a period for time limit purposes without evidence or findings of fact, and by extending time for those complaints based on that erroneous premise; the Tribunal also failed to recognise a live harassment claim relating to 17 January 2017, which was not withdrawn and remains to be determined.

Court Disposition

Appeal and cross-appeal allowed

Orders

  • All issues relating to alleged discriminatory conduct in 2017, including direct discrimination and harassment, and whether they form part of conduct extending over a period, remain live for determination at the Full Merits Hearing.
  • The harassment claim relating to 17 January 2017 is reinstated and remains live, subject to any time point to be determined at the Full Merits Hearing.