header-logo header-logo

Extra time for whistleblowers

04 January 2007 / Stephen Bartlet-jones , Anisa Niaz-dickinson
Issue: 7254 / Categories: Features , Discrimination , Employment
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll