The claimant sought damages for sex discrimination after her summary dismissal. Though she received some advice, her application was lodged out of time. For the unfair dismissal and unlawful deductions claims, the test was whether it had been reasonably practicable to act within the time limits, but for the sex discrimination claim, the test was a just and equitable test. The tribunal had also to ask whether the claim was presented within a practicable time after the limitation period had expired. She had had difficulties with a pregnancy, and from losing her accommodation which went with the job.
Held: Here the tribunal had not applied the correct tests. Appeal allowed and case remitted.
Judges:
His Hon Judge Clark
Citations:
EAT/1312/00, [2002] UKEAT 1312 – 00 – 1904
Links:
Statutes:
Employment Rights Act 1996 111(2)(b) 23(4)
Employment, Discrimination, Limitation
Updated: 06 June 2022; Ref: scu.173993