Cyprien v Bradford Grammer School (Disability Discrimination : Exclusions or Jurisdictions) [2013] UKEAT 0306_12_1503 (15 March 2013)

Cyprien v Bradford Grammer School (Disability Discrimination : Exclusions or Jurisdictions) [2013] UKEAT 0306_12_1503 (15 March 2013)

A negligent omission to make reasonable adjustments is treated as a deliberate omission for time limit purposes from the date the employer could reasonably have been expected to act. The Tribunal applied the correct legal test and its factual findings were not perverse. The discretion not to extend time was properly exercised.

Citation
[2013] UKEAT 0306_12_1503
Parties
Appellant/claimant: Mr Cyprien; Respondent/employer: Bradford Grammar School
Jurisdiction
United Kingdom
Judgment Date
15 March 2013
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Reasonable Adjustments, Jurisdictional Time Limits, Extension of Time, Constructive Unfair Dismissal
Employment Law Disability Discrimination Reasonable Adjustments Jurisdictional Time Limits Extension of Time Constructive Unfair Dismissal

Case Brief

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Parties

Mr Cyprien

Appellant/claimant

Bradford Grammar School

Respondent/employer

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Decision

Legal Issues

  1. 1 Whether the claim for disability discrimination was presented within the statutory time limit
  2. 2 Whether it was just and equitable to extend time for presenting the claim
  3. 3 When time begins to run in cases of negligent omission regarding reasonable adjustments

Ratio Decidendi

A negligent omission to make reasonable adjustments is treated as a deliberate omission for time limit purposes from the date the employer could reasonably have been expected to act. The Tribunal applied the correct legal test and its factual findings were not perverse. The discretion not to extend time was properly exercised.

Court Disposition

Appeal dismissed

Orders

  • Claim for disability discrimination dismissed
  • No extension of time granted