Time limit for disability discrimination claims against schools

3 September 2019

If your school receives or is threatened with a SEND Tribunal claim, it is worth noting the recent finding by The Upper Tribunal, which has confirmed that the Tribunal rule that seeks to extend the six month time limit for bringing a claim under the Equality Act 2010 is unlawful.

This is significant for schools because it means that claims such as those for disability discrimination must be brought within the six month deadline in order to be registered.

The time limit will include the days during the summer holidays in August and the time between Christmas and New Year. These holiday periods cannot lawfully be disregarded by the Tribunal in considering whether a claim is made in or out of time, so six calendar months should be the starting point when reviewing or defending allegations of discrimination.

For further information please contact Vicky Wilson, or your usual Wilsons contact.

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