Disproportionate Limitation deadlines in discrimination cases!

By Leslie Rose

Limitation deadlines are very important. We all recognise the dire consequences of missing the Court or Tribunal limitation deadline. If we do, then the case is likely unable to proceed any further, and we would likely be negligent. Our client’s case is over.

So, I ask myself why is it that…

  • In Personal Injury cases, we usually have 3 years from the date of the accident to commence Legal Proceedings?

  • In actions founded on simple contract, we have 6 years?

  • In actions founded on tort, we have 6 years?

  • In Human Rights cases for actions against public authorities, we normally have 1 year to commence legal proceedings from the date the action complained of took place?

YET... in most discrimination cases at Employment Tribunal, we normally have just 3 months less 1 day to start our claim?

Or in County Court discrimination cases, we normally have just 6 months less 1 day to start our claim?

Why do other areas of law stated above seem to have much more time, compared to discrimination, and what does this say about how just much we value/respect this area?

The Equality Act 2010 is supposed to be about Equality, but is it really fair to say that discrimination claims have an adequate amount of time?

The current state of affairs does not appreciate the complexity and sensitive nature of discrimination cases. Victims of discrimination who may be vulnerable deserve at least the same amount of time to bring their cases, and their lawyers surely deserve at least a similar amount of time to facilitate in-depth research.

Do not discriminate against discrimination claims. Give discrimination a similar amount of time as other areas of law.

Once you have experienced trying to run a busy caseload of discrimination cases, you will soon realise why I am raising awareness of this. We need more time to do our work properly for victims f discrimination. The law should be changed to put matters on a more even footing.

Discrimination matters.


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