Khetab v Aga Medical Ltd & Others - "Continuing act" need not be expressly pleaded if it is clear from particulars of claim [2010] EAT

If, on its face and read as a whole, a claim form clearly identifies a series of incidents which are said to be linked, then a "continuing act" case will have been sufficiently raised so as to put the employer and tribunal on notice of that claim: the point need not have been specifically and expressly pleaded.

Muslim and British Pakistani Mr Khetab was employed by AGA Medical Ltd from January 2007 until his resignation in July 2009. In August 2009 he brought a claim against AGA and three of its employees, alleging (among other things) constructive unfair dismissal, breach of contract and discrimination and harassment on the grounds of race and/or religion. AGA raised a limitation point in response, arguing that a large number of alleged incidents contained in Khetab's Particulars of Claim occurred before the 3-month cut off for bringing a claim. These, said AGA, were isolated acts, not one act continuing over a period of time, and it was not just and equitable for the Tribunal to extend the time limit for Mr Khetab to brings those claims - the relevant parts of the claim should be struck out.

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