The claimant in Jobcentre Plus v Jamil worked in a job centre some 80 minutes travel time from home. A combination of her disability (rheumatoid arthritis) and childcare commitments made her frequently late for work and she asked to be assigned to an office closer to home. Her request was repeatedly refused by her employers, although they did say they would keep this under review.
The Tribunal correctly identified the employer's "provision, criterion or practice" – requiring her to work at Ealing – and concluded that this caused her a substantial disadvantage compared to those who did not suffer her disability. The Tribunal thought that she had established a prima facie case that a transfer to an office nearer home would potentially be a reasonable adjustment. But the employers argued the claim was out of time because their refusal to transfer her occurred more than three months before she submitted her claim.
The Tribunal and EAT rejected this. The employers' policy of keeping their decision to refuse the request under review made it a "continuing act" for discrimination purposes, so that time would not start running while it continued.