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Victimisation: Continuing Act

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Can an alleged act of discrimination be part of "conduct extending over a period" within the meaning of s123 of the Equality Act 2010 where the alleged act is found not to be discriminatory?

No, held the EAT in South Western Ambulance Service NHS Foundation Trust v King.

The Claimant brought a victimisation claim alleging various detriments. The tribunal found that the grievance investigation report amounted to an act of victimisation. However, none of the other alleged detriments (including the only alleged act that was in time) amounted to victimisation.

The EAT held that it was not open to the tribunal to conclude that there was a continuing act right up to the last alleged act of victimisation. There had been a single finding of an act of victimisation, which was out of time, so the tribunal would need to consider whether it was just and equitable to extend time.

Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.