Discrimination Time Limits

Shiva Shadi, Partner and Head of Employment at Davis Blank Furniss

The EAT in the case of Hale –v- Brighton and Sussex University Hospitals NHS Trust has held that the start of a disciplinary process can be the start of conduct extending over a period of time, so as to enable claimants to satisfy the time limits in lodging a claim rather than it being a one off act.  The EAT’s reasoning was that otherwise it would impose an unnecessary burden on claimants if they had to lodge a claim at every stage of a disciplinary procedure to ensure they meet the time limits.

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