19 February 2016

Limitation in Employment Tribunal Test Case Litigation

 Laing J was asked to consider whether the Employment Tribunal had erred when refusing to extend time in claims brought by a cohort of judges who had failed to issue proceedings within 3 months of retirement or of a particular appointment ceasing. The case raises interesting issues about when it may be appropriate to extend time on the basis of justice and equity in the context of test case litigation. Judgment was reserved and is expected in the near future.