Search for Case Law on late tribunal application on disability discrimination case

[Lookingforjustice]

Hi

 

I am new to this site so I hope someone can help.

 

I am defending myself on a disability discrimination Tribunal case. I have been diagnosed with severe work related stress and depression. This happened over a long period of time and I have been traumatised by events. I struggle to cope and have memory and concentration difficulties as well as frequently feeling suicidal. I cannot multi task and everything I do seems to take forever.

 

I was aware of the Tribunal time limits ie 3 months for submission and although I tried very hard to meet that date my application I was about a week late. My illness, unable to multi task etc.

 

I have been trying to find some case law site to help me as my ex employer will rigorously try to get my case thrown out on time limits. Most of the sites I have found like Practical Law will not let individuals sign up (free trial periods) unless they are solicitors. Baiili is only upto 2006 and impossible to narrow down a search for relevant case law.

 

I have found some cases where the case was allowed through ignorance of the time limit and being involved in other processes but looking for some that fit my circumstances of knowing the time limit but mental health and inability to overcome computer difficulties meant I missed it.

Can anyone either help with some case law names that fit my circumstances or an upto date case law website , which is free to use or where I can get a free months trial to use it.

 

Please help.

[becky2585]

Is there a pre hearing review listed?

 

Ignorance of the time limits for discrimination doesn't necessarily come into play. You need to show it is "just and equitable" to extend the time limits. I don't know of any cases off hand, but I do have access to Practical Law so ill have a look if I get a free minute at lunch!

[becky2585]

Chief Constable of Lincolnshire Police v Caston might help.

 

British Coal Corporation v Keeble [1997] also set out the factors that Tribunals should follow when deciding whether to extend time limits on just and equitable grounds:

1. The length of and reasons for the delay.
   
2. The extent to which the cogency of the evidence is likely to be affected by the delay.
   
3. The extent to which the respondent had co-operated with any requests for information.
   
4. The promptness with which the claimant acted once they knew of the possibility of taking action.
   
5. The steps taken by the claimant to obtain appropriate professional advice once they knew of the possibility of taking action.
   

[Lookingforjustice]

Thank you so much for this. I am very grateful to you for researching this for me. These cases are exactly what I was hoping to find.

[Planner]

Link to all out of time Employment Appeal Tribunal Cases http://www.employmentappeals.gov.uk/Public/results.aspx concerning outt of time claims.

 

Select Timelimits and reasonable practicability if it takes you to the search page rather than the results.

[steampowered]

This area of law is statutory, so you should look at the actual rules first.

 

For unfair dismissal, you need to look at s111 (2) Employment Rights Act 1996 which provides that a tribunal can only extend the time if it was "not reasonably practicable for the complaint to be presented before the end of the three-month period from the effective date of dismissal" and the claim was nevertheless presented "within such further period as the tribunal considers reasonable". You can find a helpful discussion here: http://www.bailii.org/ew/cases/EWCA/Civ/2005/470.html. Further cases here as follows: case in which mere stress was not enough: http://www.employmentappeals.gov.uk/Public/Upload/07_0165ResfhCNRN.doc. A case in which the period was extended because the claimant was too ill to instruct a solicitor in the last six weeks of the period: http://www.bailii.org/ew/cases/EWCA/Civ/1999/1015.html. A more borderline case: http://www.bailii.org/uk/cases/UKEAT/2012/0291_12_2307.html.

 

For discrimination, see s123 Equality Act 2010. Tribunal has discretion to extend the time period where it is just and equitable to do so. The discretion is wide here, the tribunal can look at all sorts of different factors (see http://www.bailii.org/ew/cases/EWCA/Civ/2003/15.html).

[Lookingforjustice]

Thank you for the replies. S123 of the Equalities Act has already been quoted by my employer as a reason for having the disability discrimination case thrown out. I believe my medical evidence will be sufficient to fight this. Although I am unclear if discrimination can continue after dismissal. Due to delays in the appeal (internal process and my employer making belated application for ill health retirement) where accepted they should have looked at ill health retirement option I have only just received ill health retirement. One year after dismissal. I am completely without any money and falling into debt. I believe my employers by virtue of my contract had a duty to complete this process in a reasonable time and one year for someone they already know has a mental disability. I believe their action is to ensure that I don't have sufficient funds to continue with my action. I don't with legal representation, which is why I am doing this process myself. I would have thought until my employer had fulfilled their obligations re the termination of my employment ie completing the necessary forms and paying me my pension in a reasonable time there is still ongoing discrimination because they are fully aware of the impact of their actions upon me. I

can't find it in law though as everything else points to their legal responsibilities terminated at the date of dismissal. Unless someone knows different?

[Lookingforjustice]

I should add that although I have now been given ill health retirement it hasn't been processed so I have no idea when I might expect to receive a pension.