O'Neill v Jaeger Retail Ltd (JURISDICTIONAL POINTS - Extension of time: just and equitable) [2019] UKEAT 0026_19_0111 (1 November 2019)

O'Neill v Jaeger Retail Ltd (JURISDICTIONAL POINTS - Extension of time: just and equitable) [2019] UKEAT 0026_19_0111 (1 November 2019)

The Employment Tribunal's decision was materially flawed because it misread the GP's letter, failing to appreciate that the claimant's mental health difficulties may have continued beyond mid-January 2018 and thus may have affected her ability to act sooner; this error significantly influenced the refusal to extend...

Source-derived case information.

Citation
[2019] UKEAT 0026_19_0111
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
01 November 2019
Procedural Posture
Employment Appeal Tribunal / Appeal Against Dismissal of Discrimination Claims as Out of Time
Outcome
Appeal allowed; matter remitted for rehearing on extension of time
Legal Topics
Extension of Time, Just and Equitable Test, Discrimination, Limitation Period, Procedural Fairness
Employment Law Extension of Time Just and Equitable Test Discrimination Limitation Period Procedural Fairness

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Summary, issues, holding and outcome

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Dismissal of Discrimination Claims as Out of Time

Legal Issues

  1. 1 Whether the Employment Tribunal erred in refusing to extend time for presenting discrimination claims as just and equitable under Equality Act 2010 section 123
  2. 2 Whether the Tribunal properly evaluated the impact of the claimant's mental health and personal circumstances on the delay
  3. 3 Whether the Tribunal correctly assessed the prejudice to the respondent caused by the delay

Ratio Decidendi

The Employment Tribunal's decision was materially flawed because it misread the GP's letter, failing to appreciate that the claimant's mental health difficulties may have continued beyond mid-January 2018 and thus may have affected her ability to act sooner; this error significantly influenced the refusal to extend time, requiring the matter to be remitted for reconsideration.

Court Disposition

Appeal allowed; matter remitted for rehearing on extension of time

Orders

  • Remit to Employment Tribunal for rehearing of whether it is just and equitable to extend time for presenting the claim
  • Tribunal to consider all relevant contemporaneous medical evidence, including GP records