EAT (Jurisdictional Points: Extension of Time: Just and Equitable) The Employment Tribunal found that the Appellant employer had failed to make reasonable adjustments in relation to re-deploying the Claimant employee between April and August 2011 and that the Claimant’s claim in respect thereof was well founded. They also found that time for that claim began to run by no later than the beginning of August 2011. The two findings were not inconsistent.
The Employment Tribunal’s decisions to extend time under section 123(1)(b) Equality Act 2010 in respect of that claim and in respect of a separate claim of harassment, though generous to the Claimant, were not wrong in law. In particular, it was open to the Employment Tribunal to make findings as to the reason(s) for the Claimant’s delay in presenting her claims based on inference even though she had not given any direct evidence on the point.
Shanks HHJ
[2016] UKEAT 0320 – 15 – 0803
Bailii
England and Wales
Employment, Discrimination
Updated: 12 January 2022; Ref: scu.560987
