The employer appealed against a decision by the tribunal that it had jurisdiction to hear the complaints of sex discrimination. The tribunal had extended the time for the claim on the just and equitable basis.
Held: The EAT set out five criteria for answering whether to extend time: ‘(a) the length of and reasons for the delay;
(b) the extent to which the cogency of the evidence is likely to be affected by the delay;
(c) the extent to which the party sued had co-operated with any requests for information.
(d) the promptness with which the plaintiff acted once he or she knew of the facts giving rise to the cause of action.
(e) the steps taken by the plaintiff to obtain appropriate professional advice once he or she knew of the possibility of taking action.’
Smith LJ discussed section 33 of the 1980 Act: ‘That section provides a broad discretion for the Court to extend the limitation period of three years in cases of personal injury and death. It requires the court to consider the prejudice which each party would suffer as the result of the decision to be made and also to have regard to all the circumstances and in particular, inter alia, to –
(a) the length of and reasons for the delay;
(b) the extent to which the cogency of the evidence is likely to be affected by the delay;
(c) the extent to which the party sued had cooperated with any request for information;
(d) the promptness with which the plaintiff acted once he or she knew of the facts giving rise to the cause of action;
(e) the steps taken by the plaintiff to obtain appropriate professional advice once he or she knew of the possibility of taking action.’
Smith J
[1997] UKEAT 496 – 96 – 2603, [1997] IRLR 336
Bailii
Sex Discrimination Act 1975 76(1), Limitation Act 1980 33
England and Wales
Citing:
See Also – British Coal Corporation v Keeble and others EAT 6-Jul-1995
The employer appealed against a decision by the tribunal that it had jurisdiction to hear the claimants’ claims. . .
Cited by:
Cited – Department of Constitutional Affairs v Jones CA 18-Jul-2007
The employer appealed an order extending the time for the claimant to claim disability discrimination. The claimant had been suspended pending disciplinary proceedings, but became subject to severe depression, and his doctors said he was unfit to . .
Cited – Chohan v Derby Law Centre EAT 2-Mar-2004
EAT Employment Tribunal claim brought out of time because of Solicitor’s negligent advice. Application of British Coal Corporation -v- Keeble [1999] IRLR 337. . .
Applied – Chief Constable of Lincolnshire Police v Caston CA 8-Dec-2009
The appellant challenged the extension of time given to the claimant to begin his claim for disability discrimination.
Held: The appeal failed: ‘the discretion under the Statute is at large. It falls to be exercised ‘in all the circumstances . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 30 December 2021; Ref: scu.207284
