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EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL 18 February 2025 B e f o r e :
MS SAFIA THAROO (C) for the Appellant THE RESPONDENT appeared In Person Hearing date: 18 February 2025 ____________________
Consideration of the Tribunal's discretion as to whether it is appropriate to extend time on a just and equitable basis where a discrimination claim has been brought out of time.
The Tribunal failed to refer to, or apparently direct themselves to, the well-known authorities setting out relevant factors when consideration whether or not it was just and equitable to extend time. The Tribunal failed properly or at all to consider the effect of delay and the forensic prejudice to the Respondent. In so doing erred in law and/or reached a decision which was perverse.
(a) it did not direct itself as to the need to consider the length of, and reasons for, the delay or the balance of prejudice to the parties; and
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[2026] EAT 35
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