Claimant v Dnata Catering UK Limited
Outcome
Individual claims
Claim presented 4 days out of time (5 November 2024 instead of 1 November 2024). Tribunal found it was reasonably practicable to present in time as claimant had no documented medical impediments, had ACAS support, internal appeal concluded weeks before deadline, and had assistance from experienced lay representative. Claim dismissed for being out of time.
Claim presented out of time and tribunal declined to extend on just and equitable grounds. Claimant failed to identify any protected act within the meaning of section 27 Equality Act 2010 despite being told at previous hearing that such an act (allegation of discrimination) was required. Tribunal found claim had no merit and prejudice to respondent in defending hopeless claim outweighed prejudice to claimant.
Facts
Claimant was dismissed on 29 July 2024. He engaged with ACAS early conciliation between 29 July and 2 August 2024. He attended an internal appeal hearing on 25 September 2024 which was unsuccessful. He presented his tribunal claim on 5 November 2024, four days after the deadline of 1 November 2024. He claimed to have suffered depression and psychological distress but had not sought medical help and had no documented medical evidence.
Decision
The tribunal dismissed both claims as out of time. The unfair dismissal claim failed the 'reasonably practicable' test as the claimant had no physical impediments, had ACAS support, the internal appeal concluded weeks before the deadline, and he had an experienced lay representative. The victimisation claim failed the 'just and equitable' test as the claimant could not identify any protected act and the claim was deemed hopeless.
Practical note
Even with lay representation, employment tribunal time limits are strictly enforced and self-reported mental health difficulties without medical evidence will not justify late presentation, particularly when internal procedures concluded well before the deadline.
Legal authorities cited
Statutes
Case details
- Case number
- 3311357/2024
- Decision date
- 27 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep