EAT Jurisdictional Points : Extension of Time: Just and Equitable – The Claimant brought various claims against his employer, the First Respondent, including direct discrimination and harassment on grounds of religious belief and detriment for making a protected disclosure. He brought one claim, harassment, against the Chairman of the First Respondent, the Second Respondent. The harassment claims were presented out of time. In deciding that it was just and equitable to extend time under the Equality Act 2010 section 123(1)(b), the Employment Judge in effect held that the determinative factor was balance of prejudice. The Employment Judge held that the harassment claim should proceed as ‘the complaint as pleaded adds little to the remainder of the Claimant’s claim’. The basis for the decision under section 123(1)(b) did not apply to the Second Respondent as, unlike the First Respondent, there were no other claims against him. As this formed the main reason for her decision, the Employment Judge erred in not considering the just and equitable application in respect of each Respondent separately.
Slade J
[2015] UKEAT 0448 – 14 – 1504
Bailii
Equality Act 2010 123(1)(b)
England and Wales
Employment, Discrimination
Updated: 03 January 2022; Ref: scu.550670