Held that it was not just and equitable to extend time when the claimant was waiting for help from her sister in submitting the claim.

The claimant was employed by the respondent as a Canteen Operator from May 2017 until July 2024. The claimant submitted a claim relating to disability discrimination in November 2023.

The issue related to the treatment received by the claimant on her return to work following sick leave in December 2022. The claimant indicated that the discrimination was ongoing. The claimant outlined that there were comments in or around January, March, April and July 2023 which caused the need to submit the claim. An EC certificate was issued on 25th September 2023 and the time limit 25th October 2023. The claimant finalised the claim and signed it on 24th October but stated that she needed her sisters help before submitting it. The sister was moving house and so the claim form was not presented until 9th November 2023. This was 16 days outside the statutory time limit.

The issue was whether time would be extended on just and equitable grounds. The Tribunal took into account the fact that the claimant suffers from dyslexia, mental health issues and stress. However, there was no medical evidence indicating how these conditions prevented her from presenting the form on time.

The Tribunal stated that it was open to the claimant to find assistance from someone other than her sister. This could have been another friend, a Union representative or an employment law solicitor or specialist. Accordingly, the Tribunal was not satisfied that the lack of help from the sister was an impediment to presenting the claim. Additionally, the Tribunal took into account the fact that a full hearing would not take place until 2026 and that it would be some delay from the point at which the alleged discriminatory acts took place. Accordingly, taking into account the range of factors as detailed in Keeble it was held that it was not just and equitable to extend time to enable to the claim to proceed.

This case illustrates a situation in which the "just and equitable" test was not satisfied, given the particular facts. While each case is determined on its own merits - especially the reasons for the delay in presenting the claim - the Keeble factors offer a useful framework for assessing whether an extension of time is likely to be granted. Parties involved in such claims should carefully consider these factors before deciding to proceed where the limitation period has already expired.

NI Tribunal decisions are available on the OITFET website.