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Time limits: No continuing act of discrimination but tribunal should have extended time

This report relates to 1 case(s)

  • expand disabled

    Arube v Devon Probation Service [2000] EAT (0 other reports)

An applicant subjected to three separate acts of unintentional racial discrimination, carried out by different people at different times, could not successfully argue that there was a continuing act of racial discrimination for the purposes of s.68(7) of the Race Relations Act 1976 ("the RRA"), holds the EAT in Arube v Devon Probation Service 7.11.00 EAT 231/99. However, the employment tribunal erred in failing to exercise its discretion to extend time. It had failed to take account of relevant medical evidence and of the applicant's willingness to withdraw previous proceedings to participate in a capability procedure. The tribunal had also failed to consider the central issue of whether or not a fair trial could still take place.