Demotion: A One-Off Act With Continuing Consequences, or a Continuing Act?
In Parr v MSR Partners LLP and others, we discuss what the Court of Appeal was asked to consider a preliminary issue.
In Parr v MSR Partners LLP and others, the Court of Appeal was asked to consider a preliminary issue: was the Claimant’s discrimination claim presented in or out of time? This question turned on whether the act of de-equitisation - moving from an equity to an ordinary partner, an act classified by the Tribunal as a demotion – as an alternative to compulsory retirement, was a one-off act with continuing financial consequences, or a continuing act. If it was the former, the claim had been presented out of time. The Employment Tribunal initially viewed this as a continuing act as the retirement rules remained in place; this decision was overturned on appeal to the Employment Appeal Tribunal. The CoA has now upheld the EAT’s decision confirming that the “demotion” was a one-off act, albeit one with continuing financial consequences. The CoA highlighted that, had the Claimant been dismissed, rather than demoted, then his dismissal would have been a one-off act with continuing consequences; there was “no logical reason” why a demotion should be treated any differently simply because the Claimant and Respondent remained in a contractual relationship. The claim will now return to the Employment Tribunal to consider whether it would be just and equitable to extend the time limit for presentation of the claim.
Given the tight time limits that apply for employment tribunal claims, being able to identify the date by which claims should be brought is important for employees and employers alike; this case provides helpful clarification (including examples in practice) of the distinction between one-off and continuing acts.
Contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Related expertise
You may be interested in...
Legal Update
School leaders survey Spring 2024 - the results are in!
Legal Update
OFS Consultation on freedom of speech guidance
Opinion
Can teachers personal and political views amount to misconduct?
Press Release
Browne Jacobson to advise East London Waste Authority on major waste programme
Legal Update
Government updates guidance on holiday rules: What employers need to know
Legal Update
Holiday pay: Government change clarifies treatment of term time only workers
Legal Update
Cyber-attacks in UK universities: Why failing to prepare is no longer an option
Press Release
Browne Jacobson advises Greater Manchester Combined Authority on its investment in Beryl
Opinion
School attendance matters
Opinion
Caregivers at work: Navigating new carer's leave regulations
Opinion
EHRC publishes new guidance on menopause and the workplace
Opinion
Fire and re-hire: Updated statutory code summary for employers
Legal Update
How do holiday pay reforms affect the education sector?
Legal Update
Revised Acas Code of Practice on requests for flexible working
Legal Update
Veganism and manufacturing: Protected characteristics from discrimination in employment law
Opinion
Settlement agreements: Court of Session finds future claims may be settled
Legal Update
Holiday reforms: What employers need to know
Legal Update
Employment law in 2024: How changes impact education
Legal Update
Backpay for leavers: Employers risk unlawful deduction from wages claims
Opinion
New employment rights set to come into force
Legal Update
Minimum Service Levels introduced for ambulance, rail, and border security
Opinion
BBC personality wins appeal on IR35 status
Opinion
Autumn statement 2023 – key take outs for employers
Opinion
Collective bargaining rights
Opinion
Agency cover and strike action
Opinion
Updates in equality – An overview of new regulations
Opinion
Minimum Service Levels and reasonable steps – consultation response
Legal Update
Holiday entitlement and pay: Reforms ahead
Legal Update
A positive duty to prevent sexual harassment
Press Release
Browne Jacobson advises Care Fertility Group on acquisition of CRGW
Opinion
Bonus clawback provisions: Clear and reasonable
Opinion
Third party intervention did not break the chain of causation in whistleblowing detriment claim
Opinion
Holiday pay claims: A series of deductions
Opinion
Monitoring workers – ICO guidance
Press Release
Browne Jacobson strengthens employment team with key partner hire
Legal Update
Greater predictability over terms for workers
Guide
Transforming EDI practices in UK insurance
Opinion
Minimum service levels and reasonable steps
Opinion
Modern slavery in the care sector – how employers can manage risks
