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Limitation in Employment Tribunal Test Case Litigation

Andrew Sugarman acted for one of a number of appellants in the Employment Appeal Tribunal on 16th February before Laing J in the on-going litigation brought by part-time members of the judiciary against the Ministry of Justice for pensions and related benefits (Thompson v MoJ UKEAT/0004/15/LA joined with Miller and others v MoJ).

 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.

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