An Employee v An Employer Posted In: Case Law
Case ReferenceNIIT 831/14
Legal BodyNI Industrial/Employment Tribunal
Type of Claim / JurisdictionDiscrimination and Equality
The claimant alleged direct gender discrimination, indirect gender discrimination and victimisation contrary to the Sex Discrimination (Northern Ireland) Order 1976 (‘the 1976 Order’), the background being an unsuccessful application for a more senior position.
In identifying that there were issues regarding proper adherence to time limits, the tribunal was required to decide whether matters raised referring to promotion competition were ‘one-off acts’ from which time separately began to run or, whether there had been an act extending over a period for the purposes of the legislation; ‘a continuing state of affairs.’
The importance of this distinction is, clear since a finding that the
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