This week's case of the week, provided by DLA Piper, covers disability claims.
The Court of Appeal has held that, where an employer has inadvertently failed to make a reasonable adjustment for a disabled person, the time limit for bringing a disability discrimination claim begins to run at the end of the period during which the employer might reasonably have been expected to make the adjustment.
The Employment Appeal Tribunal has held that an employment tribunal was not wrong to hold that a claim was out of time and there was no continuing act of discrimination. Nor was it wrong not to exercise its discretion to hear the claim on just and equitable grounds.
In Radecki v Kirklees Metropolitan Borough Council EAT/0114/08, the EAT held that the contract of an employee with whom the employer was negotiating a compromise agreement terminated not on the date specified in the informally agreed draft agreement, but four months later when the employer told him unequivocally that it considered that his employment had ended. Accordingly, the three-month time limit for presentation of the employee's unfair dismissal complaint ran from that later date.
The Employment Appeal Tribunal has considered a transferee's liability for equal pay claims made by transferred employees following a TUPE transfer.
The Employment Appeal Tribunal (EAT) has held that the removal of an employee from the payroll while he was suspended and negotiating a compromise agreement did not terminate his employment.
In Towergate London Market Ltd v Harris  IRLR 536, the Court of Appeal held that the time limit for presentation of an unfair dismissal complaint was extended by three months for an employee who did not appeal against her dismissal, but subsequently raised a grievance about her selection for redundancy. At the point when the normal time limit expired, she reasonably believed that a dismissal procedure was ongoing.
The Court of Appeal has held that where an employee failed to appeal against her dismissal for redundancy, but then sought to raise a grievance, she reasonably believed that a dismissal or disciplinary procedure was ongoing when the original time limit for bringing a tribunal claim expired. The time limit was therefore extended by three months.
In Ashcroft v Haberdashers' Aske's Boys' School  IRLR 375, the EAT held that an employee who learnt the outcome of his appeal against dismissal only six hours before the expiry of the normal three-month time limit for bringing a tribunal claim was entitled to an extension of time.
HR and legal information and guidance relating to employment tribunal and court time limits.