The Claimant brought two claims for race discrimination against the Respondent. The ET dismissed the claims for want of jurisdiction, being time barred, and refused the Claimant’s application to amend. The Claimant appealed.

The EAT allowed the appeal. In considering whether it was just and equitable to extend time in terms of s.123(1)(b) of the Equality Act 2010, the ET erred in placing reliance upon the decisions in British Coal Corporation v Keeble [1997] IRLR 336, Times Newspapers Ltd v O’Regan [1977] IRLR 101 and Alliance & Leicester plc v Kidd (UKEAT/0078/07/RN). The proper approach was that set out by the Court of Appeal in Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23.