11:27

A coalition of more than 20 justice organisations has written to the lord chancellor asking for the strict, three-month deadline to lodge employment tribunal claims on the grounds of harassment and discrimination to be relaxed during the coronavirus crisis.

In a letter to Robert Buckland QC, who is also the justice secretary, the directors of Liberty, Justice, the Law Centres Network, Advice UK, the Centre for Women’s Justice, the Runnymede Trust and other groups are seeking a temporary extension of the time limit to six months. The letter states:

The three-month time limit for bringing a discrimination or harassment claim is one of the shortest limitation periods for any kind of civil case. The argument for such a limit – that it encourages the prompt resolution of workplace disputes – cannot be maintained in current conditions.

The pandemic is making it difficult for those who allege they have been unfairly discriminated against or dismissed to pursue claims. Many law firms have furloughed staff and advice agencies have had to restrict or halt advice clinics during lockdown. The letter adds:

As the time limit for harassment and discrimination cases runs from what the tribunal concludes is the last unlawful act, this puts individuals without the benefit of specialist legal advice at a particular disadvantage, as they may not be able to identify when their time will run out ... While judges have a power to extend the time limit when it is ‘just and equitable,’ this is a high and uncertain bar upon which no prudent claimant would ever rely.”

The letter has been coordinated by Suzanne McKie QC, of Farore Law, an expert in employment litigation. She said she had already been contacted during the health crisis by employees who feel they have been chosen unfairly to be furloughed on the basis of race or nationality, and by women who suspect they are not being allowed to work from home because it is alleged they could be distracted by domestic chores.