EAT Jurisdictional Points: Extension of Time: Reasonably Practicable – Extension of time: just and equitable
The Employment Judge erred in treating the fact that the Appellant presented a claim in time (albeit a defective one) as meaning that a second claim raising the same complaint could reasonably practicably have been presented in time. The focus should have been on the second claim and whether there was any impediment to timely presentation of that claim. The failure to address that question was an error of law.
The Employment Judge further erred in failing to have regard to the prejudice to the Appellant in determining whether it was just and equitable to extend time in reference to the unlawful race discrimination complaints. This was a material factor not addressed by her. Moreover, the prejudice was all one way.
SIMLER dbe p j
[2016] UKEAT 0342 – 15 – 0803
Bailii
England and Wales
Employment
Updated: 14 January 2022; Ref: scu.563298