First procedural decision since introduction of new anti-discrimination legislation

The Guernsey Employment and Discrimination Tribunal has made its first procedural decision following the introduction of the Prevention of Discrimination (Guernsey) Ordinance, 2022 (the Ordinance).

The Ordinance has been in force since 1 October 2023 and Dodd v Jack Thoume t/a Charlie’s Family Butchers ED0027/24 (the Decision) marks the first decision to be made after its inception.

Background

The Decision concerns a constructive unfair dismissal complaint brought within the relevant statutory time limits, being 3 months.

The Applicant, Mr Dodd, then made a separate, additional discrimination complaint relating to the same set of facts. This secondary complaint fell outside of the 3-month limit.

A Pre-Hearing Review was held to determine this preliminary issue.

During the Pre-Hearing Review, the Applicant attempted to argue that he was not aware of his rights under the Ordinance and was not aware that any time limit applied to him bringing a complaint relating to discrimination. He stated he was not aware of his potential disability classification under the Ordinance until he sought ad hoc legal advice in relation to the Tribunal.

Upon learning that he was out of time, an application for an extension of time was made.

The Decision

In dismissing the application, the Tribunal highlighted that the Applicant had received guidance materials from the Employment and Equal Opportunity Service (EEOS) and had indeed understood that guidance. These materials referenced the Ordinance at length and further discussed and reiterated the relevant time limits.

The Tribunal also referred to the well-established legal framework in England and Wales with respect to time limits, applying them to the case at hand.

The Tribunal recognised that the Applicant did not know about his right to bring a claim for discrimination on the grounds of disability at the relevant time, but in making a complaint for constructive unfair dismissal had made the Respondent believe that the extent of his claim had been reached. As such, the Tribunal held that it would not be just and equitable to allow extra time in circumstances where the Applicant was not suffering from any physical or mental impediments.

What we can learn

The Decision cements the existing understanding that claims for discrimination must be brought within 3 months of the last act of discrimination, highlighting that ignorance of the law is only a valid defence in specific circumstances.

Additionally, applicants, including those acting on their own behalf, are expected to take it upon themselves to review important materials and EEOS resources containing information about their legal rights.

Whilst applications for extensions of time are available, following the above it is clear that the Tribunal expects applicants to take timely legal advice and make complaints to the Tribunal fully informed of their legal rights and obligations.

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