Moore Stephens LLP & Ors v Parr (TIME POINTS; AGE DISCRIMINATION)  UKEAT 0238/20/2406
Appeal against a finding that the act complained of was in respect of conduct extending over a period rather than a one-off act. Appeal allowed.
The Claimant was an equity partner of the First Respondent, a firm of accountants. By agreement with the First Respondent (which tool effect on 30 April 2018), the Claimant worked beyond his normal retirement age but only as an ordinary, as opposed to to an equity, partner. In September 2018, the Claimant learnt of proposals to sell the business but as he was now an ordinary partner, he would not be entitled to a share in the proceeds of the sale. He brought a claim in the ET in January 2019, over 5 months from the date of the agreement so therefore out of time. However, the ET held that the Claimant's claim was in relation to a rule which had resulted in his demotion from equity to ordinary partner and was "conduct extending over a period" which was continuing at the date of presentation of the claim and so was in time. The Respondent appealed contending that that claim was about the continuing consequences of a one-off act.
The EAT allowed the appeal. The ET had erred in finding that the claim was in respect of "conduct extending over a period", because the act of which complaint was made was the one-off exercise of the discretion to continue the Claimant's membership of the LLP after his normal retirement date on inferior terms and the resulting change in the Claimant's status, and not the continuing application of a discriminatory rule or policy. The case was remitted to the ET for it to consider whether to extend time for the presentation of the claim.
Published: 12/07/2021 10:22