Time limits on claims against individuals

The EAT has held that a tribunal can extend the time limit for bringing a claim against an employer - but not against an individual.

While an employer is liable for its employees' acts under discrimination law, claims can also be brought against the individual(s) responsible for acts of discrimination.

Clarice Martins brought discrimination claims against both her employer and individual colleagues. She issued her claims after the end of the three-month time limit, but had previously raised a grievance.

The new statutory dispute resolution procedures have extended the time limit for submitting a tribunal claim by three months if the claimant has already raised a grievance in respect of the same complaint. Martins argued that the time limit should be extended for her.

But the EAT said the grievance procedures do not apply to disputes between individual employees - their purpose was to encourage the resolution of disputes between employers and employees. As a result, Martins' claim against her colleagues was out of time.

Bisset v Martins & Castlehill Housing Association Ltd EATS/0022/06