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 of the case’ and the only qualification is that the EJ has to consider that it is ‘just and equitable to exercise it in the claimant’s favour.’ It was properly open to the Employment Judge to find that it was ‘just and equitable to extend the claimant’s time.
Sedley, Longmore, Wall LLJ
[2009] EWCA Civ 1298, Times 26-Jan-2010, [2010] IRLR 327
Bailii
Disability Discrimination Act 1995
England and Wales
Citing:
Applied – British Coal Corporation v Keeble and others EAT 26-Mar-1997
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 . .
Cited – Robertson v Bexley Community Centre CA 11-Mar-2003
The claimant brought his claim in discrimination, but it was out of time. The employer appealed against a decision to extend the time for him to file his complaint.
Held: A tribunal has a very wide discretion in the area of whether to extend . .
Cited – Daniel v Homerton Hospital Trust CA 9-Jul-2009
Gibson LJ set out the proper approach for the EAT considering an appeal against the use of the discretion to extend the time to present a claim to the tribunal: ‘The discretion of the Tribunal is a wide one. This court will not interfere with the . .
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 . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 10 November 2021; Ref: scu.383665