Time limits to issue claim - failure to make reasonable adjsutments

[heisenberg]

Dear all,

It would seem a failure to make reasonable adjustments (section 20 of the Equality Act 2010) is arguably a continuing act and therefore not subject to a 6 month time limit to start proceedings in a County Court. Does this mean that one can issue a claim 6 months after the other side has ignored or disregarded a request to make reasonable adjustments?

The only case law (to which a County Court may be bound) I could find is Tyagi v BBC World Service [2001] IRLR 465.

Many thanks in advance.

[wales01man]

Re: Time limits to issue claim - failure to make reasonable adjsutments

Interested to know what reasonable adjustments were not made and by whom?

[heisenberg]

Re: Time limits to issue claim - failure to make reasonable adjsutments

Interested to know what reasonable adjustments were not made and by whom?

This one is a little complicated. It involves or involved an NHS Trust responsible for my care and treatment.

I did seek advice from a legal aid solicitor and the matter has also become a little complicated there. They only partially advised me and that part of their advise was so brief and unclear I couldn't understand it. They essentially said that the NHS treats everyone poorly so I have no potential claim against them (so, because the NHS treats a lot of people poorly this firm seems to be suggesting they can discriminate with impunity).

This firm is also one I served a letter before action on (as set out in another thread). They are also now alleging a 'breakdown' and I am left rather perplexed by their 'advice'.

Obviously, I won't be mourning the loss of not being able to instruct this firm in future.

[charitynjw]

Re: Time limits to issue claim - failure to make reasonable adjsutments

Dear all,

It would seem a failure to make reasonable adjustments (section 20 of the Equality Act 2010) is arguably a continuing act and therefore not subject to a 6 month time limit to start proceedings in a County Court. Does this mean that one can issue a claim 6 months after the other side has ignored or disregarded a request to make reasonable adjustments?

The only case law (to which a County Court may be bound) I could find is Tyagi v BBC World Service [2001] IRLR 465.

Many thanks in advance.

& your comparator is............?

[heisenberg]

Re: Time limits to issue claim - failure to make reasonable adjsutments

& your comparator is............?

No comparator needed for a section 15 or section 20 contravention. I think the solicitor who 'advised' got himself in a bit of a muddle and certainly left me confused. The firm are refusing to revisit this even after raising a series of complaints and serving a letter before action on them.

To cut a long story short there was an alleged 'breakdown' after I raised a complaint against a consultant. The consultant first asserted it was 'inappropriate' to see him again after I raised a complaint against him (contrary to GMC guidance). The Trust concede this is not standard practice therefore I have been treated less favourably than a hypothetical comparator.

After sending the Trust a letter before action they now contend (and re-jiggle their defence somewhat) that the 'breakdown' was fully justified as they allegedly failed to address my concerns. This, I feel, is a serious case of putting words in my mouth to justify unlawful acts/discrimination.

[charitynjw]

Re: Time limits to issue claim - failure to make reasonable adjsutments

This one is a little complicated. It involves or involved an NHS Trust responsible for my care and treatment.

I did seek advice from a legal aid solicitor and the matter has also become a little complicated there. They only partially advised me and that part of their advise was so brief and unclear I couldn't understand it. They essentially said that the NHS treats everyone poorly so I have no potential claim against them (so, because the NHS treats a lot of people poorly this firm seems to be suggesting they can discriminate with impunity).

This firm is also one I served a letter before action on (as set out in another thread). They are also now alleging a 'breakdown' and I am left rather perplexed by their 'advice'.

Obviously, I won't be mourning the loss of not being able to instruct this firm in future.

No comparator needed for a section 15 or section 20 contravention. I think the solicitor who 'advised' got himself in a bit of a muddle and certainly left me confused. The firm are refusing to revisit this even after raising a series of complaints and serving a letter before action on them.

To cut a long story short there was an alleged 'breakdown' after I raised a complaint against a consultant. The consultant first asserted it was 'inappropriate' to see him again after I raised a complaint against him (contrary to GMC guidance). The Trust concede this is not standard practice therefore I have been treated less favourably than a hypothetical comparator.

After sending the Trust a letter before action they now contend (and re-jiggle their defence somewhat) that the 'breakdown' was fully justified as they allegedly failed to address my concerns. This, I feel, is a serious case of putting words in my mouth to justify unlawful acts/discrimination.

Who are you planning to claim against?

Both?

[heisenberg]

Re: Time limits to issue claim - failure to make reasonable adjsutments

Who are you planning to claim against?

Both?

The firm has made me an offer of £100 (peanuts I know). I am minded to accept that as I could do without the additional grief.

I am just considering my position against the Trust at the moment. I am concerned that any such claim may be struck out as it may be arguable that it is out of time. If it gets struck out I understand that I am at high risk of being at the wrong end of a Costs Order.

[charitynjw]

Re: Time limits to issue claim - failure to make reasonable adjsutments

The firm has made me an offer of £100 (peanuts I know). I am minded to accept that as I could do without the additional grief.

I am just considering my position against the Trust at the moment. I am concerned that any such claim may be struck out as it may be arguable that it is out of time. If it gets struck out I understand that I am at high risk of being at the wrong end of a Costs Order.

When (date, or date of final act) did the alleged discrimination occur?

[heisenberg]

Re: Time limits to issue claim - failure to make reasonable adjsutments

When (date, or date of final act) did the alleged discrimination occur?

This goes back to January 2015 so quite a while ago. I would have to rely on arguing a continues or continuing act of discrimination.

The only case law (to which a County Court may be bound) I could find is Tyagi v BBC World Service [2001] IRLR 465.

[charitynjw]

Re: Time limits to issue claim - failure to make reasonable adjsutments

The firm has made me an offer of £100 (peanuts I know). I am minded to accept that as I could do without the additional grief.

I am just considering my position against the Trust at the moment. I am concerned that any such claim may be struck out as it may be arguable that it is out of time. If it gets struck out I understand that I am at high risk of being at the wrong end of a Costs Order.

cccc

[heisenberg]

Re: Time limits to issue claim - failure to make reasonable adjsutments

cccc

Indeed.

[charitynjw]

Re: Time limits to issue claim - failure to make reasonable adjsutments

This goes back to January 2015 so quite a while ago. I would have to rely on arguing a continues or continuing act of discrimination.

The only case law (to which a County Court may be bound) I could find is Tyagi v BBC World Service [2001] IRLR 465.

Why 'continuing'? - you'd have a difficult job arguing that, because it happened on xx date, it continues forever.

The usual tack they would try is 'discrete' occurrence or occurrences.

[heisenberg]

Re: Time limits to issue claim - failure to make reasonable adjsutments

Why 'continuing'? - you'd have a difficult job arguing that, because it happened on xx date, it continues forever.

The usual tack they would try is 'discrete' occurrence or occurrences.

I think if I can successfully argue that there is a continues failure to make reasonable adjustments then I would overcome that hurdle. I think the same applies to any continues practice, policy or procedure that causes an issue.

[charitynjw]

Re: Time limits to issue claim - failure to make reasonable adjsutments

I think if I can successfully argue that there is a continues failure to make reasonable adjustments then I would overcome that hurdle. I think the same applies to any continues practice, policy or procedure that causes an issue.

Imho I reckon they would defend to the hilt - 'silks' would be coming out of the woodwork.

& re your comment about costs - the bill could be ferocious (even down here, the streets aren't paved with gold - as I found out a few years back!)

[heisenberg]

Re: Time limits to issue claim - failure to make reasonable adjsutments

Imho I reckon they would defend to the hilt - 'silks' would be coming out of the woodwork.

& re your comment about costs - the bill could be ferocious (even down here, the streets aren't paved with gold - as I found out a few years back!)

Yeah, that is my concern. Throwing a 'silk' into a small claim does seem like overkill but I wouldn't put it past the NHS. All paid for by the taxpayers like you and me of course.

They may only get some legal costs if the claim is struck out though that would be at the discretion of the Judge.