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Sex discrimination: Post-employment sex discrimination can be included in a 'continuing act'

This report relates to 1 case(s)

  • expand disabled

    BHS Ltd v Walker; Hough v Premier Model Management Ltd EAT/0001/05 (0 other reports)

Key points

In (1) Walker (2) Premier Model Management Ltd v (1) BHS Ltd (2) Hough 11.5.05 UKEAT/0001/05/TM, the EAT holds:

  • Following the House of Lords decision in Rhys-Harper v Relaxion Group Plc [2003] IRLR 484, discriminatory acts that took place after the termination of the employee's employment were deemed to have sufficient proximity to the employment relationship so as to give rise to a continuing act of sex discrimination for the purposes of a claim under the Sex Discrimination Act 1975 ("the SDA").
  • Although two of three incidents found as facts by the employment tribunal took place after the employee's employment had ended, there was a sufficient nexus between the employment and those incidents to render them unlawful as acts of discrimination under s.6(2) of the SDA.
  • Although self-employed, the claimant's work at such times as she was actually engaged as a model on photo shoots for the employer fell within the definition of "employment" contained in s.82 of the SDA, and she was thus able to make a claim.