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Disability discrimination – time limit where employee reluctant to admit disability

Lawgistics updates relate to time limits are very strict – you will recall a previous article where a claim was 88 seconds late!

In this interesting case (Dept of Constitutional Affairs v Jones) an employee did not want to admit to himself and others that he was disabled by way of a mental illness.

Time limits are strict.

The claim must generally be commenced within three months of the discriminatory act complained of.

The only exception is where it is held that, in all the circumstances, it is just and equitable to do so.

The employee had grasped a glimmer of hope from his doctor advising him that he would recover from the mental illness as a result of further treatment.

However, he did not and then came to conclusion he was disabled (ie his illness was long term likely to last for at least 12 months).

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