Employment Cases Update

McLeary v One Housing Group Ltd UKEAT/0124/18/LA

Date published: 25/04/2019

Appeal against the ET’s dismissal of the Claimant’s complaints under the Equality Act 2010 (“EqA”) on the basis that they were out of time and that it was not just and equitable to extend time. Appeal allowed.

The Claimant was employed by the Respondent, a registered social landlord, and was at all relevant times a disabled person by reference to dyslexia. She alleged that the Respondent failed to make sufficient reasonable adjustments for her disability. After a period off sick, followed by her resignation, the Claimant brought claims in the ET of unfair constructive dismissal and EqA complaints of discrimination arising from disability, harassment related to disability, victimisation and failure to comply with the duty of reasonable adjustment. The ET held that the EqA complaints were out of time and that it was not just and equitable to extend time. The Claimant appealed on the grounds that the ET had erred in law (1) by failing to consider the constructive dismissal claim as part of the discrimination claim, and (2) by failing to consider whether there was a continuing act of discrimination.

The EAT held that the Claimant succeeded on both grounds, and the case would be remitted to the ET for further consideration.

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Read the full text of the judgment on BAILII or download the file by clicking the link below.

Employment Claims without a Lawyer 2nd edition published March 2018