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Sex discrimination: Biggs not applicable to sex discrimination time limit

This report relates to 1 case(s)

In British Coal Corporation v Keeble and others [1997] IRLR 336 the EAT holds that, when considering whether to exercise its discretion to extend the time limit for lodging a complaint under the Sex Discrimination Act 1975, the industrial tribunal was entitled to take into account the applicant's understandable misunderstanding of European Community sex discrimination law. Distinguishing Biggs v Somerset County Council [1996] IRLR 203, the EAT rules that the tribunal's discretion to extend time in such cases is more widely drawn than the discretion in unfair dismissal cases, and ignorance of the law may be a factor which is relevant to the tribunal's consideration of what is just and equitable in all the circumstances of the case.