The Claimant, a Polish national, was employed by the Respondent for a number of years before he made allegations of race discrimination. When the Claimant lodged his ET1, his complaint was in time in respect of all acts or events done on or after the relevant date, but was prima facie out of time for acts or events occurring on or before that date, unless they were continuing acts. The ET held that the earlier complaints preceded the relevant date and could only be considered if the time limits were extended. The Claimant challenged the ET's approach.

The EAT held that there was insufficient evidence that the ET had considered whether the complaints were capable of being part of an act extending over a period, or there was a reasonably arguable basis for that contention, taking the Claimant's case at its highest; accordingly, the appeal would be allowed and the case remitted to a fresh ET.