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Swithland Motors plc v Clarke and others [1994] IRLR 275 EAT

Reports relating to this case:

  • Time limits and omissions to act

    1 May 1994

    In Swithland Motors plc v Clarke and others (8 October 1993) EOR55C, the EAT rules that an unlawful act of discrimination by omitting to offer employment cannot be committed until the alleged discriminator is in a position to offer such employment.

  • Sex discrimination: Time limit ran from date employer failed to offer jobs

    1 February 1994

    In Swithland Motors pIc v Clarke and others, the EAT holds that the time limit for bringing a sex discrimination complaint ran from when an employer failed to offer jobs to the applicants, and not from an earlier time when it made the decision not to offer employment. Therefore, applications presented to an industrial tribunal within three months of the later date were not out of time.