Discrimination Terminology and the Equality Act

One of the differences between the new Equality Act and prior legislation in the same area is the difference in terminology used when referring to cases of discrimination and how discriminatory behaviour is defined.

In the case of Khetab v AGA Medical Limited, which was decided under the previous discrimination legislation, the Employment Appeal Tribunal (EAT) had to decide whether a discrimination claim was in or out of time.

Under the old legislation, the terminology used is that of an unlawful act, and a claim has to be presented within three months of that act. However, in cases where unlawful acts are committed over a continuing period, the three month period runs from the time of the last act.