EAT DISABILITY DISCRIMINATION – Exclusions/jurisdictions
JURISDICTIONAL POINTS – Claim in time and effective date of termination
The Employment Tribunal found that the Respondent had failed to make two reasonable adjustments for the Claimant’s disability but that (1) the Claimant had not presented his claim within the primary time limit and (2) it was not just and equitable to extend time.
(1) There was no deliberate act or omission on the part of the Respondent. When did time begin to run in the case of a continuing negligent omission? The answer to that question is – time begins to run from the point at which the employer can reasonably be expected to have taken the step which was omitted. Matuszowicz v Kingston upon Hull Council (2009, Court of Appeal) followed. The ET applied the correct test; and their application of the correct test to the facts was not said to be perverse.
(2) The ET’s decision on extension of time contained no error or law; the high threshold for perversity had not been crossed.
Appeal dismissed.
Judges:
Jeffrey Burke QC J
Citations:
[2013] UKEAT 0306 – 12 – 1503
Links:
Jurisdiction:
England and Wales
Employment
Updated: 14 November 2022; Ref: scu.471780
