Continuing discrimination

A pattern of discriminatory behaviour over time can sometimes amount to “continuing discrimination”, meaning that time does not start to run until the discriminatory state of affairs is removed or the employee is dismissed, whichever happens first (section 123(3), EA 10). This is because the law recognises that in practice, a pattern of discriminatory behaviour at work can unfold over time. However, the law is complicated and early legal advice should always be sought to ensure that the deadline for bringing the claim is not missed.