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Northern Ireland
Okoro and Anor v Taylor Woodrow Construction Ltd and Ors [2012] EWCA Civ 1590
Published on: 07/12/2012
Issues Covered:
Discrimination
Article Authors The main content of this article was provided by the following authors.
Background This was an appeal against the decision of the EAT that the racial discrimination claims by the appellants were out of time. The first respondents were a construction company and the second and third employment agencies.The appellants had been employed as sub contractor agency workers to work on a site being run by the first respondent by the second respondent on 6 April 2008. The appellants were told there was no work available and that there had been a mix up with the bookings by the first respondent‟s supervisor. An argument ensued and the appellants were banned from the site. On 18 April 2008 the appellants obtained an engagement on the site through the third respondents, but were then told they were banned from the site.The appellants claimed the ban was racially motivated and presented a claim on 6 August 2008, more than 3 months after the imposition of the ban on 6 April 2008. The question was whether the ban extended over a period to confer jurisdiction on the EAT.The Court of Appeal dismissed the appeal finding that the imposition of the ban on 6 April 2008 was a one off act that terminated the relationship between the Appellants as contract workers and the respondents. It was in that respect equivalent to a dismissal of an employee by an employer.In the absence of a continuing relationship between the parties there was no continuing state of affairs on which a compliant could be based.http://bit.ly/Xlz1iZ

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 07/12/2012
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