Equality Act 2010 Time Limits for Claims 2022-03-22
2022-03-22
TAGS
Response quality
Questions & Answers
Q1
Partial Answer
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Context
The MP is questioning the merits of extending the three-month claim period to six months under the Equality Act.
If he will consider the potential merits of extending the time limits for claims under the Equality Act 2010 from three to six months.
The Government continue to look closely at extending time limits for these Equality Act cases. However, these decisions must take account of wider impacts across the justice system. The pandemic has put additional pressure on the entire Courts and Tribunals Service, and restoring existing service levels needs to be prioritised before additional loading is added.
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Assessment & feedback
Specific extension commitment requested but not provided due to systemic considerations
Wider Impacts Across The Justice System
Restoring Existing Service Levels
Response accuracy
Q2
Partial Answer
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Context
The MP questions the restrictive three-month time limit for Equality Act claims, citing pregnancy and sexual harassment cases as examples.
I thank the Minister for his answer. The Government have committed to considering extending the time limits for Equality Act claims in employment tribunals. Currently, a three-month time limit means that pregnant women have to bring a case in the first months after birth, and sexual harassment victims have to do so while they are still incredibly traumatised. That is unconscionably restrictive, and because it forces people down the litigation route before mediation is finished, it is probably also very inefficient. Will the Department deliver an extension so that those who are subject to workplace harassment and discrimination can access justice?
I am grateful to my hon. Friend for raising this issue. The tribunal already has the discretion to provide the extension that she is seeking, where it considers it to be just and equitable to do so. This is a Government Equalities Office lead, and as the Ministry of Justice we are happy to engage with the GEO and to look at this closely.
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Assessment & feedback
Specific extension commitment requested but not provided due to discretion existing within tribunals
Existing Tribunal Discretion
Government Equalities Office Lead
Response accuracy