Help needed with Discrimination claim

[reallymadwoman]

I have received advice from Equality Advisory Support Service that the way I have been treated by a certain well know provider of services amounts to direct discrimination however they will not provide an opinion on whether my claim is within the 6 month time limit.

 

One argument will be that the act of discrimination took place when the provider of services failed to make a reasonable adjustment around the beginning of July 2012 and therefore my claim is out of time. However they have subsequently failed to make a reasonable adjustment on at least 5 further occasions, the last one being at the end of last month. Also I could not reasonably have known at the time that I would suffer a detriment since the detriment has only arisen due to the repeated failures to make an adjustment.

 

I have been searching on BAIILI but haven't been able to find anything useful. I am going to need a solicitor to take this further but I would like some opinions on the time limit thing before I do.

[Nystagmite]

I was under the impression it was 6 months from the last incident? I'll look into this more when I have time.

[marmacc]

Hi,

 

The code of practice for services says:

 

Time limits

14.16

Court action must be started within six months (minus a day) of the alleged

unlawful act.

14.17

If the proceedings are not brought within that period the court still has

discretion to hear the proceedings, if it thinks it is just and equitable to do so.

 

 

You haven't shared much information, but if on one occasion within the time limit you believe you have been discriminated against then that would be within the time frame. If you have raised the issue prior to the last incident one would hope the court would also consider it.

 

 

[smokejumper]

How does it work if you are discriminated against, but didn't know at the time. You then receive a report at a later date that shows discrimination took place, does the clock start from receipt of the report?

Hi,

 

The code of practice for services says:

 

Time limits

14.16

Court action must be started within six months (minus a day) of the alleged

unlawful act.

14.17

If the proceedings are not brought within that period the court still has

discretion to hear the proceedings, if it thinks it is just and equitable to do so.

 

 

You haven't shared much information, but if on one occasion within the time limit you believe you have been discriminated against then that would be within the time frame. If you have raised the issue prior to the last incident one would hope the court would also consider it.