Section 123 Equality Act 2010: Combatting Continuing Discriminatory Time Limits
As part of a significant move towards finding a more equitable society, the Equality Act 2010 (‘EqA 2010’) represented a noteworthy advancement for fostering a fairer and more just environment in the United Kingdom. It was introduced over a decade ago to promote equality and protect individuals from discrimination across various walks of life.
One crucial provision within this act is Section 123 EqA 2010 which deals with the concept of time limits for discrimination claims. It aims to rectify a longstanding problem where such claims were restricted by timeframes that disproportionately affected marginalised and disadvantaged groups.
This article dives into the significance of Section 123 and its role in combatting time limits for discriminatory acts.
Discriminatory time limits have been a concern in legal systems globally and remain strict. These are limitations on the timeframe within which individuals can bring forward a legal claim related to their complaints of discrimination.
Section 123 EqA 2010 sets out that the time limit for discrimination proceedings time limit to bring a employment claim forward is three months minus one day from the date which the complaint relates. These time limits have often affected marginalised individuals who may face problems in seeking legal advice, facing harassment, or simply needing more time to bring evidence which can often be a difficult exercise in such claims.
A case that represents this clearly is the case of Hendricks v Metropolitan Police Commissioner where an employer was responsible for a ‘continuing state of affairs’ in which discriminatory acts occurred even if the time to bring a claim by the Claimant was technically out of time. Section 123 of the Equality Act 2010 acknowledges the potential for time limits to perpetuate discrimination and addresses the issue directly by modifying and extending these time limits to provide fair opportunities for justice.
The appropriate test for a “continuing act” is whether an employer is responsible for an “an ongoing situation or a continuing state of affairs” in relation to the acts of discrimination, as opposed to a series of unconnected or isolated incidents.
Key features of Section 123:
Continuing Discriminatory Acts: the section particularly focuses on the fact that discrimination can be an ongoing lengthy process rather than a single isolated incident. This is prominent in cases where the discrimination is gradual, persistent or occurs over an extended period.
Flexible Time Limits: the section enables courts and tribunals to extend time limits beyond the standard deadlines, if the claimant can demonstrate that a continuing discriminatory act has taken place.
Balancing Justice: the section attempts to strike a balance between the need for timely resolution of disputes and the principle of ensuring justice for victims of discrimination. It prevents claimants from being unfairly disadvantaged due to discriminatory practices that may have prevented them from lodging their claims within the regular time frame.
It is important to note that if you don’t make your claim within the time limit, courts can only accept your claim if they think it’s just and equitable to do so. This is a test that requires the Tribunal to balance the interests of both the Claimant and the Respondent.
If you have a claim for discrimination or believe you have a claim which is nearing its time limit, do not delay in contacting our friendly team of expert to seek further advice and assistance.