Cases6004203/2025

Claimant v Commercial Trust Limited

16 December 2025Before Employment Judge R RussellWatfordremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The complaint was not presented within the applicable time limit. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time, therefore the complaint was dismissed.

Direct Discrimination(pregnancy)struck out

The complaint was not presented within the applicable time limit. The tribunal determined it was not just and equitable to extend the time limit, therefore the complaint was dismissed.

Facts

Mrs Thanki brought claims for unfair dismissal and pregnancy/maternity discrimination against Commercial Trust Limited. She was unrepresented and supported by her husband at the hearing. The respondent's Chief Executive represented the company. The preliminary hearing was conducted by video to determine whether the claims were in time.

Decision

The tribunal dismissed both claims as out of time. For the unfair dismissal claim, the tribunal found it was reasonably practicable for the claimant to have presented her claim within the time limit. For the pregnancy/maternity discrimination claim, the tribunal determined it was not just and equitable to extend time. The entire claim was therefore dismissed.

Practical note

Unrepresented claimants in pregnancy discrimination cases face particular challenges with time limits, and tribunals will not automatically extend time even for vulnerable claimants where the just and equitable test is not satisfied.

Legal authorities cited

Case details

Case number
6004203/2025
Decision date
16 December 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
financial services
Represented
No
Rep type
in house

Claimant representation

Represented
No