Extending time to bring a discrimination claim 





An employment tribunal has a wide discretion to extend the time limit for a discrimination claim if it is “just and equitable” (section 123, EA 10, Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] EWCA Civ 640). However, extensions of time are hard to achieve. Tribunals expect a good reason for the delay, backed up by credible evidence, including medical evidence where relevant, as well as very fast action to issue the claim as soon as the claimant finds out about the deadline. Relevant factors include the length of and reasons for the delay and whether the delay has prejudiced the employer, for example, making it difficult to investigate allegations while memories are still fresh. It is the claimant’s responsibility to satisfy the tribunal that it is just and equitable for a time extension to be granted. The mere fact that the extension would not prejudice a fair trial is not a good enough reason to grant one (Lindsay v London School of Economics [2013] EWCA 1650). 
 


Where a claim is against more than one respondent, each respondent’s position must be considered separately. Even if it is “just and equitable” to permit a claim out of time against an employer, the same may not be true of a claim against a manager (Harden v (1) Wootlif and (2) Smart Diner Group Limited [2015] UKEAT/0448/14/DA).





A mistake by a solicitor or experienced representative can sometimes justify an extension of time in a discrimination claim (Virdi v Commissioner of Police of the Metropolis [2007] IRLR 24). This contrasts with the position in unfair dismissal claims where mistakes by solicitors never justify missing the time limit. 




No time extension is ever possible in a claim for equal pay (see page 266).