The Answer
When it comes to employment tribunal claims, strict guidelines need to be observed. Discrimination claims – for example, must be presented within three months of the act or acts complained about for the case to be heard. Where there is continuing discrimination – or a series of acts of discrimination, this three month time limit starts to run at the end of the most recent incident reported.
The Employment Tribunal has the discretion, on just and equitable grounds, to extend time periods for making discrimination claims. There is no exhaustive list as to what employment tribunals should consider when determining extensions on just and equitable grounds, but factors such as these are things they might look into: The merits of the case, if the employee was unaware of the time limit, if the employee struggled to obtain legal advice - or had a lack of financial resources, the length of the delay, the promptness of action from the employee, and the impact it had on the employee’s health.
The recent case of Mackenzie v The Chief Constable of the Police Service of Scotland (2023) indicates that employment tribunals hold the right to allow discrimination claims to be made up to two years from the alleged incident.
There is no two year qualifying period for discrimination cases, but it is a prerequisite that the claim is registered with ACAS under their early conciliation scheme before the matter goes to the tribunal.
The Risk/Threat
With discrimination disputes, employers should not assume that the ex-employee cannot bring a claim if they have gone past the three month limit since the last alleged incident. Case law suggests that employment tribunals have wide discretion - on just and equitable grounds, to extend this time period. It is worth noting however, that this discretion is the exception rather than the rule.
What You Need To Do
Employers must ensure that - when discrimination allegations are made by an employee, they are addressed fairly by adhering to internal policies, and following HR guidance. Damages awarded for successful claims are unlimited.
If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team on 01455 852 028.
