Mills & Anor v Marshall [1998] UKEAT 528_97_1102 (11 February 1998)

Mills & Anor v Marshall [1998] UKEAT 528_97_1102 (11 February 1998)

The principle of legal certainty does not preclude the exercise of statutory discretion to extend time for bringing a discrimination complaint where the applicant was reasonably unaware of her rights. The discretion under the Sex Discrimination Act is unfettered and may include consideration of the applicant's awareness of her right to bring a claim. The Industrial Tribunal did not err in law in extending time in this case.

Citation
[1998] UKEAT 528_97_1102
Parties
Appellants: Crown Prosecution Service and Director of Public Prosecutions; Respondent: Ms Marshall
Jurisdiction
United Kingdom
Judgment Date
11 February 1998
Procedural Posture
Appeal / Judgment on Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Extension of Time Limits, Sex Discrimination, Transgender Rights, Legal Certainty, Statutory Interpretation
Employment Law Equality Law Discrimination Law Extension of Time Limits Sex Discrimination Transgender Rights Legal Certainty Statutory Interpretation

Case Brief

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Parties

Crown Prosecution Service and Director of Public Prosecutions

Appellants

Ms Marshall

Respondent

Procedural Posture

Appeal / Judgment on Appeal From Industrial Tribunal

Legal Issues

  1. 1 Whether it is just and equitable to extend time for bringing a complaint of unlawful discrimination when the applicant was unaware of her right due to a reasonable lack of knowledge of the law
  2. 2 Whether the principle of legal certainty precludes extension of time in such circumstances

Ratio Decidendi

The principle of legal certainty does not preclude the exercise of statutory discretion to extend time for bringing a discrimination complaint where the applicant was reasonably unaware of her rights. The discretion under the Sex Discrimination Act is unfettered and may include consideration of the applicant's awareness of her right to bring a claim. The Industrial Tribunal did not err in law in extending time in this case.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.