Dada v The Scottish Ministers (Race discrimination; Claims presented out with 3-month period set out in Equality Act 2010, s.123(1)(a); Correct approach to be taken) [2026] EAT 13 (15 January 2026)

Dada v The Scottish Ministers (Race discrimination; Claims presented out with 3-month period set out in Equality Act 2010, s.123(1)(a); Correct approach to be taken) [2026] EAT 13 (15 January 2026)

The Employment Tribunal misapplied the legal test for extending time by relying on inappropriate authorities and failing to consider all relevant factors holistically; it also erred by not considering the proposed amendment's relevance to the extension of time before refusing jurisdiction.

Source-derived case information.

Citation
[2026] EAT 13
Parties
Appellant: Oluwafunto Dada; Respondent: The Scottish Ministers
Jurisdiction
United Kingdom
Judgment Date
15 January 2026
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment
Outcome
Appeal allowed; Employment Tribunal judgment set aside; case remitted to original Employment Tribunal for reconsideration.
Legal Topics
Race Discrimination, Limitation Period, Just and Equitable Extension, Procedural Error, Amendment of Claim
Employment Law Equality Law Race Discrimination Limitation Period Just and Equitable Extension Procedural Error Amendment of Claim

Source-derived case record

Summary, issues, holding and outcome

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Parties

Oluwafunto Dada

Appellant

The Scottish Ministers

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal misapplied the 'just and equitable' test for extending time under Equality Act 2010 s.123(1)(b)
  2. 2 Whether reliance on inappropriate authorities amounted to a misdirection
  3. 3 Whether the Employment Tribunal erred in the order of considering limitation and amendment issues

Ratio Decidendi

The Employment Tribunal misapplied the legal test for extending time by relying on inappropriate authorities and failing to consider all relevant factors holistically; it also erred by not considering the proposed amendment's relevance to the extension of time before refusing jurisdiction.

Court Disposition

Appeal allowed; Employment Tribunal judgment set aside; case remitted to original Employment Tribunal for reconsideration.

Orders

  • Order of Employment Tribunal dated 19 September 2024 set aside.
  • Case remitted to original Employment Tribunal to reconsider extension of time and amendment application.