JURISDICTIONAL POINTS – Extension of time: just and equitable
The Claimant was a part-time fee-paid judicial office holder who claimed a pension following the litigation in O’Brien v Ministry of Justice. His claim was presented more than five years out of time. In deciding whether it is just and equitable to extend time for bringing a claim under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 the Employment Judge erred in treating as conclusive, in holding to be unreasonable delay after the Claimant first learned of the possibility of bringing a claim, his view that solicitors were not negligent when advising in 2011 that his claim would be out of time. The Claimant had not been advised that he could apply to have the time limit extended on just and equitable grounds. The Employment Judge erred in failing to decide whether such ignorance was the or a reason for the delay and having regard to the advice from the solicitors whether such ignorance was reasonable (Averns v Stagecoach UKEAT/0065/08 considered). Further, the Employment Judge erred, as he had in Bowden v Ministry of Justice UKEAT/0018/17, in relying on his decision in Miller v Ministry of Justice to dismiss the application when there were material differences between the facts relevant to the Claimant and those whose applications for an extension of time were dismissed in Miller. Appeal allowed. Application remitted to a differently constituted Employment Tribunal.
Citations:
[2018] UKEAT 0156 – 17 – 2303
Links:
Statutes:
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
Jurisdiction:
England and Wales
Employment
Updated: 07 April 2022; Ref: scu.608289
