Owen v Network Rail Infrastructure [2023] EAT 106

When assessing whether to allow a "just and equitable" extension of time for complaints pertaining to the Equality Act 2010, the absence of an explanation or reason for a delayed claim submission doesn't automatically warrant a refusal of the extension.

The lack of a rationale for the tardiness of a tribunal claim is a significant factor but not always a conclusive one. It should be evaluated within the broader context of all relevant considerations.

Facts and Application of the Law:

The core issue was related to the employment tribunal's stance on granting extensions of time for complaints made under the Equality Act 2010. The tribunal held the view that if there wasn't any evident reason or explanation for the belated submission of a tribunal claim, it automatically meant that an extension should not be granted.

However, this rigid approach was scrutinised against the backdrop of cases like Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] EWCA Civ 640; [2018] ICR 1194 and Concentrix CVG Intelligent Contact Limited v Obi [2022] EAT 149; [2023] ICR 1. These cases suggested a more nuanced evaluation where the absence of an explanation for delay is a significant factor to consider but isn't the sole determinant. The employment tribunal should have weighed this factor amongst other relevant considerations rather than treating it as a definitive reason to refuse an extension. Consequently, the tribunal's approach was deemed erroneous in law.

For parties aiming to appeal from the Employment Tribunal to the Employment Appeal Tribunal, it's pivotal to understand the nuanced approach required for time extensions and the weight given to the various relevant factors.