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Network Rail Infrastucture Ltd v Mitchell - Placing employee on performance improvement status can be a 'continuing' act for discrimination claims [2013] EAT

Placing an employee on Performance Improvement Required status can be a continuing act for discrimination purposes

Mr Mitchell, who suffered from MS (which he developed after 23 years' service with his employer), alleged that his line manager had made comments adverse to his performance. He claimed that the manager was dismissive of his difficulties arising from his illness. He went off sick in February 2011 and did not return, eventually taking ill health retirement in December 2011. During that period he was told that he was assigned Performance Improvement Required (PIR) status. He claimed disability discrimination in contravention of ss 15 and 20 Equality Act 2010 in March 2012.

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