Sex discrimination: Just and equitable to consider transsexual's out-of-time complaint
This report relates to 1 case(s)
Mills and Crown Prosecution Service v Marshall  IRLR 494 EAT (1 other report)
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.