Automated Summary
Key Facts
Case No: 8001047/2024. The Employment Tribunals (Scotland) extended the period for presenting the claim under section 123(1)(b) of the Equality Act 2010, deeming it just and equitable. The claimant, Ms M Ritchie (disabled due to Spina Bifida and Scoliosis), alleged the respondent, Whitbread Group Plc, failed to make reasonable adjustments. The respondent accepts the claimant meets the definition of disabled. The claim was initially out of time by over three months but was allowed to proceed due to factors including the claimant's lack of knowledge about tribunal time limits, her focus on grievance processes post-resignation, and the potential merits of her case.
Issues
The tribunal considered the application to extend the time limit for presenting the claim, which was filed over three months after the alleged act of failure to make reasonable adjustments. The claimant, who had a disability requiring a wheelchair, argued that she was unaware of employment tribunal time limits and focused on internal grievance procedures post-resignation. The tribunal evaluated factors including the length of delay, the claimant's lack of legal knowledge, her prompt action after discovering the time limit, and the balance of prejudice. Ultimately, the tribunal exercised its discretion to extend the period, deeming it just and equitable given the claimant's limited prior legal awareness and the non-prejudicial nature of the delay to the respondent.
Holdings
- The claim will proceed through standard tribunal procedures, with parties contacted regarding further steps.
- The tribunal weighed factors including the claimant's lack of professional representation, her prompt action after seeking advice, and the respondent's minimal prejudice in deciding to extend the time limit.
- The claimant's delay in seeking advice and initiating Early Conciliation was partially justified by her lack of knowledge about tribunal time limits and her focus on grievance proceedings.
- The tribunal exercised its power under section 123(1)(b) of the Equality Act 2010 to extend the period for presenting the claim as it was deemed just and equitable.
Remedies
The tribunal exercised its discretion under section 123(1)(b) of the Equality Act 2010 to extend the period for presenting the claim, deeming it just and equitable to allow the claim to proceed despite the three-month time bar having been exceeded by over three months.
Legal Principles
The tribunal exercised its discretion under section 123(1)(b) of the Equality Act 2010 to extend the time limit for presenting the claim, determining it was just and equitable to do so. Key factors included the claimant's lack of legal knowledge, the delay in seeking advice, and the balance of prejudice between parties. The decision emphasized that while the three-month time limit is primary, extensions may be granted when circumstances justify it.
Precedent Name
- British Coal Corporation v Keeble
- DPP v Marshall
Cited Statute
Equality Act 2010
Judge Name
Employment Judge Campbell
Passage Text
- The tribunal exercises its power under section 123(1)(b) of the Equality Act 2010 in deeming it just and equitable to extend the period for presenting the claim.
- Weighing up both sets of factors the tribunal concluded that they were greater overall on the side of allowing the claim to proceed to be heard by the extension of the time limit.
- The factors in favour of extending time were: ... the claimant was not professionally or expertly represented at any time before presenting her claim to the tribunal; ... she had little or no prior knowledge of the details of employment tribunals or how they operate; ... the claim is in its early stages and significant preparation time and cost would not have been incurred.