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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49838
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello Ben. Can you please tell me what is most important to

Customer Question

Hello Ben. Can you please tell me what is most important to say at ET at my second ET case if my previous case with the issues between 2008-2011 was declined because out of time. My new case contain issues between 2012-1014 but also I bring all my previous issue from 2008-2011. I know that Respondent will argue. My first case was not heard properly. I believe that my all my problems at work between 2008-2014 clearly shows continues act of victimization and I believe that my case should be heard fully. What would you advice me?
Submitted: 4 years ago.
Category: Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, let me check our previous correspondence on this and I will get back to you this afternoon

Ben Jones :

Hi, well the main issue really is to be able to show that there was a continuing act you are complaining of. The test that the tribunal would apply is whether the employer is responsible for an "an ongoing situation or a continuing state of affairs" in which the acts of discrimination occurred, instead of a series of unconnected or isolated incidents. This is never easy to do and there is no 'most important thing you can do or say' that will guarantee your situation is viewed as a continuing act. Each situation will depend on its own circumstances and facts so whilst there are examples from case law, they are all fact specific. Some examples you can research:

Barclays Bank plc v Kapur and others [1992] ICR 20

Sougrin v Haringey Health Authority [1992] IRLR 416

Southern Cross Healthcare v Owolabi UKEAT/0056/11