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Nottingham Tram Consortium v Cheetham - Time runs from date of alleged act/omission in disability discrimination claims [2009] EAT

The starting point for establishing whether a discrimination claim is presented within the relevant time limits (whether extended under the statutory procedures or not) is the date of the alleged act/omission.  

Mrs Cheetham went off sick in October 2006, shortly after completing her training as a tram driver. In June 2007 she filed a grievance, complaining about her treatment by one of the trainers while training. In September 2007 NTC rejected her grievance, noting that it would do its best to meet her request that any future training not be by that particular trainer, but that it could not guarantee it. NTC rejected Mrs Cheetham's appeal on 10 December 2007. On 31 March 2008 she wrote again, alluding to disability discrimination. She was dismissed under attendance procedures in April 2008. In June 2008 she presented a claim to the employment tribunal alleging unfair dismissal and disability discrimination by way of failure to make reasonable adjustments.

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