Jones v Secretary of State for Health and Social Care (2024)

EAT upholds decision by ET not to extend time to allow direct race discrimination claim in out of time on just and equitable grounds. In arriving at that decision, the EAT conducted a review of the authorities, confirming the following: (1) the discretion that ET's have to extend time on just and equitable grounds is broad and unrestricted; (2) the scope for contesting upon appeal how the employment tribunal exercises such discretion is very limited; and (3) that there is "much to be said for....focusing...[on]...the concise summary by Leggatt LJ in Abertawe Bro Morgannwg University Local Health Board v Morgan (2018)", in which Leggatt LJ stated: "factors which are almost always relevant to consider when exercising any discretion whether to extend time are: (a) the length of, and reasons for, the delay and (b) whether the delay has prejudiced the respondent (for example, by preventing or inhibiting it from investigating the claim while matters were fresh)". On the facts of this case, EAT stated: "We conclude that the claimant cannot establish that the decision of the Employment Tribunal not to exercise its discretion to extend time on just and equitable grounds was perverse, which was the single ground of appeal pursued in respect of the time issue. Having reached this conclusion the appeal must necessarily fail."