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Sex discrimination: Just and equitable to consider transsexual's out-of-time complaint

This report relates to 1 case(s)

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    Mills and Crown Prosecution Service v Marshall [1998] IRLR 494 EAT (1 other report)

    • Time extended for bringing transsexual complaint

      Date:
      1 June 1998

      In Mills and Crown Prosecution Service v Marshall the EAT has upheld an industrial tribunal finding that it was just and equitable to extend time for bringing a complaint of unlawful sex discrimination by a transsexual who was unaware of her right to bring a claim in time, because she and her lawyers were reasonably unaware of her rights under the Sex Discrimination Act 1975 until after the decision of the European Court of Justice in P v S, which clarified the ambit of the EC Equal Treatment Directive.

In Mills and Crown Prosecution Service v Marshall 11.2.98 EAT 528/97, the EAT holds that it was just and equitable to extend the time for presenting a transsexual's complaint of unlawful sex discrimination where the complainant was reasonably unaware of the extent of her applicable rights until after the European Court of Justice's ruling in P v S and Cornwall County Council. The discretion given by the Sex Discrimination Act 1975 to extend time may include a consideration of the date from which the complainant could reasonably have become aware of her right to present a worthwhile complaint, and in the present case a fair trial was possible despite the delay.