Upper Tribunal finds First Tier Tribunal Rule 12 (3) (Health, Education and Social Care Chamber Rules) to be unlawful
The Upper Tribunal has made a finding that rule 12 (3) of the First Tier Tribunal rules (Health, Education and Social Care Chamber Rules 2008/2699) is not lawful as it seeks to extend the time limit set out in the Equality Act 2010 for bringing a claim, as set out under sch 17, para 4. This is a significant change for practitioners. It means that claims for disability discrimination in schools must be brought within six months of the date of the act complained of, and the days in August and the week between Christmas and New Year cannot be disregarded by the tribunal and will be included within the six month period.
Louise Price, represented the appellant in the upper tribunal.