header-logo header-logo

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

Extra time for whistleblowers

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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
Financial protections for domestic abuse victims would be strengthened and cohabiting couples be given inheritance and separation rights, under historic government proposals
Doctors and nurses could be sued for mistakes made by the artificial intelligence (AI) equipment they use to treat patients, researchers have warned
The law sector has been chosen as the testing ground for the government’s AI Growth Labs—speeding up development, testing and regulatory compliance so software can be market-ready more quickly
A range of options beyond burial, cremation and burial at sea could become legally available, under Law Commission recommendations
Artificial intelligence (AI) legal assistants will be deployed to cut delays in the Crown Court, ministers have announced
back-to-top-scroll