An Employment Tribunal can extend the normal time limit for submitting a discrimination claim where it considers that it is reasonable to do so (section 123(1)(b) Equality Act 2010).
The Claimant can put forward any reason that the tribunal should extend time.
Examples of succcesful reasons include:
- Being unaware of rights
- Being advised incorrectly about the time limit
- Illness or other disability preventing issue of the claim
Reasons which may not be successful:
- Waiting for an employers internal investigation or grievance process to end
The Employment Tribunal will reach it's decsion on whether to extend time by considering a number of factors:
- That time limits are intended to be strictly enforced and good reasons need to be presented for extension
- Whether a fair hearing is still possible given the time that has passed
- The merits of the claim that is being made
- Whether the employer will suffer disadvantage in defending a claim which is out of time