Extending time to bring a discrimination claim 



An employment tribunal has discretion to extend the time limit for a discrimination claim if it is “just and equitable”. Extensions of time are very hard to achieve. Tribunals demand a very good reason for the delay, backed up by credible evidence, as well as very fast action to issue the claim after the deadline. No extension of time is ever possible in a claim for equal pay.



It is always 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 granting an 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, the position of each respondent must be considered separately. Even if it is “just and equitable” to allow a claimant to bring a claim out of time against their employer, the same will not necessarily be true of a claim against an individual 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 be relied on to justify missing a deadline 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.