Sex discrimination: Post-employment sex discrimination can be included in a 'continuing act'
This report relates to 1 case(s)
BHS Ltd v Walker; Hough v Premier Model Management Ltd EAT/0001/05 (0 other reports)
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  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.