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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50147
Experience:  Qualified Solicitor
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Does a tribunal have a discretion to extend time

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Does a tribunal have a discretion to extend time for victimisation claims post 3 months and one day of the act. Also, is it possible to allege that victimisation is a continuing act or a series of acts of victimisation acts are linked, as one can argue with discrimination (Hendricks)
Thank you for your assistance.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What was the reason for the delay?
Customer: replied 2 years ago.

The delay is an unreasonable reference months after termination. There were repeated failures to address discrimination complaint and to issue a reasonable reference. The judge has at a preliminary hearing identified possible victimisation acts, the last act is definitely in time but I need to argue why earlier acts of victimisation should be considered in time.

Thank you

The tribunal does have discretion to extend time limits if it considers it just and equitable - whilst time limits are usually strictly enforced, the tribunal has the power to extend limits if necessary. As to claiming there was a continuing act of victimisation, all case law I have seen is about acts of discrimination, not victimisation so there is no direct legal reference as to whether this can be included in the principle of continuing acts. There is of course nothing topping you from raising that argument - the tribunal can consider whether it is a relevant one and if it an apply to victimisation as well. Being part f discrimination legislation and a specific act covered by the Equality Act they should try and apply it in the same way and allow it but it is up to them to decide really I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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Customer: replied 2 years ago.

Thank you, ***** ***** the legal authority for the continuing effect of an isolated discriminatory act, ie there is a detrimental effect months after original act.

The starting point is that a discrimination claim must be submitted to an employment tribunal before the end of "the period of three months starting with the date of the act to which the complaint relates". There could be circumstances where the employee does not know of a discriminatory act until some time after it occurred. The EHRC Employment Statutory Code of Practice, which tribunals must take into account when deciding claims under the EqA 2010 states that time will start to run from "the date on which the alleged unlawful act occurred, or the date on which the worker becomes aware that an unlawful act occurred" (paragraph 15.23). In your example if the act was discriminatory and the person knew of it at the time it was committed, it would still be that date on which it occurred that would define the time limit period, unless the person did not know about it and only found out at a later date which would be the defining date. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you