What equality law means - Birmingham Disability Resource Centre

If a person brings a claim after this, it is up to the Employment Tribunal to decide whether
it is fair to everyone concerned, including both the employer and the employee, to allow a
claim to be brought later than this.
When a claim concerns behaviour over a length of time, the time limit starts when the
behaviour has ended.
If the person is complaining about a failure to do something, for example, a failure to make
reasonable adjustments, then the three months begins when the decision was made not
to do it. If there is no solid evidence of a decision, then the decision is assumed to have
been made either:
• when the person who failed to do the thing does something else which shows they
don’t intend to do it, or
• at the end of the time when they might reasonably have been expected to do the thing.
For example:
A visually impaired job applicant hears about a job and asks the employer to send
the application pack recorded on an audio tape. The employer does not refuse to do
this, but just doesn’t get around to doing it. Once the closing date for applications has
passed, the employer clearly does not intend to send the tape. The applicant should
probably count the three months from the day before the closing date, which is the
past day when the employer could have ensured the tape got to the applicant in time
to apply.
A tribunal can hear a claim if it is brought outside the time limit if the tribunal thinks that it
would be ‘just and equitable’ (fair to both sides) for it to do this.
The standard and burden of proof
The standard of proof in discrimination cases is the usual one in civil (non-criminal) cases.
Each side must try to prove the facts of their case are true on the balance of probabilities,
in other words, that it is more likely than not in the view of the tribunal that their version of
events is true.
If a job applicant is claiming unlawful discrimination, harassment or victimisation against
you, then the burden of proof begins with them. There are two situations in which the
burden of proof will shift onto you:
1. If they prove enough facts from which the tribunal can decide, without any other
explanation, that the discrimination, harassment or victimisation has taken place, or
74