• Robert Spicer

Employment tribunals: time limits: factors to be take into account

EMPLOYMENT TRIBUNALS

Time limits for claims

Discretion of tribunal

Case Rathakrishnan v Pizza Express Restaurants (2015) UKEAT/0073/15/DA

Facts R, a diabetic employed by P, was dismissed for breaches of food safety procedures. He complained of disability discrimination. This complaint was brought 17 days outside the three-month time limit. He applied for an extension of time on the basis that the claim was late because he feared being victimised because he was still employed by P. The ET refused to extend the time limit. R appealed to the EAT.

Decision 1. The appeal was allowed.

  1. A multi-factor approach was required in the ET exercising its discretion to extend time limits.

  2. In the present case, considerations of the balance of prejudice caused and the potential merits of the claim were relevant factors. The ET had not taken these factors into account.

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