Employment Appeal Tribunal Rules in Favour of Claimant, Citing Flawed Time Limit Analysis
An Employment Tribunal's handling of time limits in a discrimination case has been overturned by the Employment Appeal Tribunal.
• public
Tribunal's Time Limit Reasoning Criticised
The Employment Appeal Tribunal (EAT) has allowed an appeal brought by Oluwafunto Dada, overturning an Employment Tribunal's (ET) decision to dismiss her race discrimination claims due to being lodged out of time. The EAT found that the original tribunal had erred in its approach to extending the three-month time limit.
Flawed Legal Test Applied
At the heart of the appeal was the ET's application of the "just and equitable" test for extending time limits, as set out in the Equality Act 2010. The EAT, led by the Honourable Lord Colbeck, ruled that the ET had relied on inappropriate legal authorities, including decisions from 1977 and 1997. These cases, the EAT noted, often applied a less suitable "reasonably practicable" test, rather than the correct holistic assessment required under current legislation.
Lord Colbeck stated that the ET's approach to considering the reasons for the delay was overly segmented. He emphasised that the correct method, as outlined by the Court of Appeal in Adedeji v University Hospitals Birmingham NHS Foundation Trust, involves assessing all relevant factors to determine if extending time is just and equitable. The tribunal's reliance on outdated authorities, he concluded, strongly suggested it had considered the wrong legal test.
Procedural Concerns Addressed
The EAT also upheld a ground of appeal concerning the tribunal's procedural handling of the case. Specifically, the tribunal considered the application to amend the claim only after it had already dismissed the original claims for want of jurisdiction. This meant, the EAT found, that the tribunal failed to consider whether the proposed amendment might have illuminated the nature or seriousness of the alleged treatment, or its relevance to a continuing act argument, when deciding on the time extension.
Case Remitted for Reconsideration
As a result of these findings, the EAT has set aside the original ET order. The matter will now be remitted back to the same ET to be reconsidered afresh. The tribunal had the benefit of hearing evidence and assessing witnesses, making a re-hearing unnecessary.
The appeal centred on claims of race discrimination brought by Ms. Dada against the Scottish Ministers, where she was employed as a Fiscal Officer. Her employment ended in October 2023, and she subsequently brought claims alleging discrimination.
Read the entire judgment here: Oluwafunto Dada v The Scottish Ministers [2026] EAT 13
