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I have a Question re UK Employment Law. I have a Employment Tribunal Pre hearing Review tomorrow!

Hi, I am Dan. I...
Hi, I am Dan. I have a Question re UK Employment Law. I have a Employment Tribunal Pre hearing Review tomorrow! Crucially important legal point re Equality Act 2010- Time Limits, s. 123 (3) (a) / conduct extending over a period. I have an accepted disability, employer refused reasonable Adjustment and tried to dismiss me fraudulently fo 6 years instead. In the end I took grievance action quotingEQ ACt 2010. They made adjustment for 6 months and dismissed me using a small mistake as an excuse, after 25 years / no one has been dismissed for that before. As I have taken aprotected Act this is surely clear Victimisation and also Discrimination arrising from disability. I can deal with that. / my issue is, Over the last 6 years they put me thru hell. Can I treat 6 yr dicrimination as one act that ended in final dismissal? After making Adjustment they put me on a 6 months performance plan. They knew I would use the EQ Act Again. can I link 6 years of unlawful discrimn to the claim as one continued Act of Discmn. Harassment and Victimisation .. pls? Last minute desperation call! Thank You.
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Answered in 4 hours by:
6/4/2014
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,154
Experience: Qualified Employment Solicitor
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Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.


It is certainly possible to try and argue that there was a continuing act of discrimination, although whether that happened is something that would be determined on a case by case basis.


 


The appropriate test for a "continuing act" is whether the employer is responsible for an "an ongoing situation or a continuing state of affairs" in which the acts of discrimination occurred, as opposed to a series of unconnected or isolated incidents


 


So it is really a matter of fact and also the tribunal’s opinion as to whether the acts you will bring up were all (or at least some of them) to be considered as an ongoing act of discrimination or isolated and unrelated events. You may bring this argument up and have little to lose by doing so – the final decision however rests with the ET.

Customer:

HelloBen

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 50,154
Experience: Qualified Employment Solicitor
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Customer reply replied 3 years ago

thank you ben. Now I can work on it . Thanks again . bye.

You are welcome, all the best
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