St John Ambulance v Mulvie (Victimisation Discrimination : Protected disclosure) (Rev 1) [2011] UKEAT 0129_11_0107 (1 July 2011)

St John Ambulance v Mulvie (Victimisation Discrimination : Protected disclosure) (Rev 1) [2011] UKEAT 0129_11_0107 (1 July 2011)

The complaint under section 47B was presented out of time because the last alleged detriment, a deliberate failure to act, occurred on 12 January 2010, and no evidence was required as there was no detriment within three months of the complaint date.

Citation
[2011] UKEAT 0129_11_0107
Parties
Claimant: Alastair Mulvie; Respondent: St John Ambulance
Jurisdiction
United Kingdom
Judgment Date
01 July 2011
Procedural Posture
Employment Appeal Tribunal / Appeal Against Preliminary Ruling on Time Limit
Outcome
Appeal allowed; preliminary ruling set aside; complaint under section 47B presented out of time.
Legal Topics
Victimisation, Protected Disclosure, Time Limits, Case Management
Employment Law Victimisation Protected Disclosure Time Limits Case Management

Case Brief

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Parties

Alastair Mulvie

Claimant

St John Ambulance

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Preliminary Ruling on Time Limit

Legal Issues

  1. 1 Was the complaint under section 47B of the Employment Rights Act 1996 presented in time?
  2. 2 Did the alleged detriments form part of a series of similar acts or failures under section 48(3)(a)?
  3. 3 Did the latest detriment constitute a continuing act or a discrete event for limitation purposes?

Ratio Decidendi

The complaint under section 47B was presented out of time because the last alleged detriment, a deliberate failure to act, occurred on 12 January 2010, and no evidence was required as there was no detriment within three months of the complaint date.

Court Disposition

Appeal allowed; preliminary ruling set aside; complaint under section 47B presented out of time.

Orders

  • Employment Judge's ruling set aside
  • Record that section 47B complaint was presented out of time