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The EAT has decided that a tribunal did have discretion to extend time for a claim brought more than six months after an act of discrimination. The EAT stated that it would be "extraordinary" if regulation 15 Employment Act 2002 (Dispute Resolution) Regulations 2004 meant to exclude a tribunal from exercising its discretion in this way. The EAT stated that even where a claim was brought a year out of time, substantial reasons could still be given to justify an extension. Here it was accepted that a very severe depression would have seriously impacted on the Claimant's ability to pursue a tribunal claim whilst he was ill. That the Claimant focused on keeping his job rather than bringing a claim was reasonable, that the discrimination had was a major reason in the delay was also important. That the respondent had not suffered as a result of the delay was also relevant. The EAT emphasised that in deciding whether to extend the time limits, each case must be examined on its merits. Workers should as far as possible always try to keep within tribunal time limits. The EAT confirmed again that the House of Lords decision in Lewisham v Malcolm regarding the comparator test in discrimination cases being now higher does apply to disability related discrimination in employment.
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