Extending time to bring a discrimination claim

An employment tribunal has discretion to extend the time limit for bringing a discrimination claim if it is just and equitable. There is more scope to extend time to claim unlawful discrimination than unfair dismissal, where the test is more restrictive (see Chapter 10). In either case, extensions of time are very hard to achieve. In particular, tribunals demand a very good reason for the delay, backed up by credible evidence to explain that reason, and how it caused the delay, as well as very fast action to issue the claim even though the deadline has passed. No extension of time is possible in a claim for equal pay.

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 the context of unfair dismissal claims, where mistakes by solicitors will never justify missing the time limit (see page 301).