What constitutes continuous discrimination for limitation purposes? Stephen Bartlet-Jones and Anisa Niaz-Dickinson report
Discrimination in the workplace rarely occurs in neat, easily proven incidents. All too often it builds up gradually over time, taking a variety of forms, and gathering confidence and participants. Victims only slowly realise what is happening, and a vulnerable employee may put up with discrimination for months, even years, before making a complaint to a tribunal. Arthur v London Eastern Railway Ltd (trading as One Stansted Express) [2006] EWCA Civ 1358, [2006] All ER (D) 300 (Oct) has ensured that the strict time limits used in whistleblowing claims remain sensitive to the realities of such recurrent and ongoing discrimination cases.
Arthur
John Arthur was employed by London Eastern Railways (LER) as an on-train cabin crew member. He claimed to have made a number of protected public interest disclosures to the police in 2001 concerning assaults on him while at work—which he attributed to insufficient staffing. He alleged that his disclosures led him to be regarded as a troublemaker and to be subjected to a succession of
