Continuing discrimination

Case 9: The facts

During his years of service in the Derbyshire police force, Val Fearon had presented a number of allegations of race discrimination. He then claimed victimisation, stating that there was an atmosphere in the constabulary in which complaints were discouraged. The force argued that he could not link these separate claims together. An employment tribunal found against the claim. Fearon appealed.

The ruling

The EAT held that the tribunal had failed to recognise the essential characteristics of the claim. For the whole of Fearon's career he had been held back on the ground of race and for making his concerns about this matter known. Even if each of the acts complained of did not constitute an act of unlawful discrimination, they illustrated the continued exist-ence of a regime not to advance Fearon's career. This was capable of amounting to less favourable treatment.

Fearon v Chief Constable of Derbyshire EAT/0445/02