EAT Disability Discrimination : Disability – JURISDICTIONAL POINTS – Extension of time: reasonably practicable
In the middle of the Employment Tribunal hearing the Employment Judge took a point against the Claimant on time-bar. An inadequate opportunity was given to the Claimant to respond. The Respondent had not taken the point in any of the extensive case management stages. The Employment Tribunal misdirected itself by looking for a policy, and should have found the disciplinary process was a continuing act or a state of affairs. EAT held the claim was in time and remitted the full case to a hearing before a different Employment Tribunal.
McMullen QC J
[2013] UKEAT 0047 – 13 – 0509
Bailii
England and Wales
Employment
Updated: 26 November 2021; Ref: scu.518527