Equans Services Wins Appeal: Age Discrimination Claim Dismissed Due to Delay
The Employment Appeal Tribunal overturned a decision, dismissing an age discrimination claim against Equans Services due to significant delays and potential prejudice to the defence.
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Equans Services Victorious in Appeal Over Age Discrimination Claim
Equans Services Ltd has successfully appealed an Employment Tribunal's decision to extend the time limit for an age discrimination claim brought by former employee, Cameron Bennett. The Employment Appeal Tribunal (EAT) ruled that the original tribunal erred in its assessment of the delay and the resulting prejudice to Equans.
Background of the Case
Mr Bennett, who resigned from Equans Services in September 2021, initially filed a claim including age discrimination, alleging discriminatory comments made by his line manager, Mr Brown, during his employment. The claim was submitted significantly outside the standard three-month time limit.
Tribunal's Initial Decision
The Employment Tribunal initially decided to extend the time limit, citing Mr Bennett's ill-health and the presence of other potential witnesses within the company. However, Equans Services appealed this decision.
EAT Ruling: Failure to Consider Prejudice
Her Honour Judge Russell, presiding over the EAT, found that the original tribunal failed to adequately consider the length of the delay (approximately two years) and the forensic prejudice to Equans. This prejudice included the unavailability of Mr Brown, the alleged perpetrator, as a witness, and the lack of contemporaneous documentation to support Mr. Bennett's claims. The Judge also noted that another employee who the Tribunal thought would be a witness had also left the company's employment.
Key Legal Principles Overlooked
The EAT emphasised that while tribunals have a wide discretion in extending time limits, this discretion must be exercised in accordance with established legal principles. The original tribunal failed to refer to well-known authorities highlighting the need to consider the length and reasons for the delay, and the balance of prejudice to both parties.
Outcome: Claim Dismissed
Due to the significant delay and the potential for forensic prejudice against Equans Services, the EAT substituted the original decision with a ruling that it was not just and equitable to extend time. As a result, the age discrimination claims against Equans Services were dismissed.
Read the entire judgement here: Equans Services Ltd v Cameron Bennett (Debarred) [2025] EAT 33
