Discrimination and Time Limits
This issue was considered by the EAT in the case of The Basildon Academies Trust v Polius-Curran. In this case the Claimant claimed that she had been discriminated against on the grounds of her race when a white colleague was appointed to head of department over her. The Employment Tribunal found that as the Claimant continued to complain about the appointment the discrimination was a continuing act of discrimination.
This approach was rejected by the EAT upon appeal who deemed the appointment as a one-off act and the Claimant’s complaints did not create a continuing act. As such the claim was submitted outside the three month time limit. The case has been referred back to the Employment Tribunal to determine whether it would be just and equitable to allow an extension of time for submitting the claim and accept it outside of the usual time limits as well as on an issue on whether the appointment was an act of discrimination.