Claimant v City College Plymouth
Outcome
Individual claims
The tribunal found that the unfair dismissal claim was brought outside the statutory time limit and dismissed the claim for want of jurisdiction, having determined it did not have the power to consider it.
The tribunal extended time under the just and equitable provisions to permit the claim to proceed. The tribunal found the claimant was disabled due to PTSD at the material time. The merits of the discrimination claim were not determined at this preliminary hearing.
Facts
The claimant, Ms Harriet Elias-Jones, brought claims of unfair dismissal and disability discrimination against her former employer, City College Plymouth. The claimant suffered from PTSD at the material time. At a preliminary hearing conducted remotely, the tribunal considered time limit issues and whether the claimant was disabled within the meaning of the Equality Act 2010.
Decision
The tribunal dismissed the unfair dismissal claim as out of time, finding it lacked jurisdiction to hear it. However, the tribunal exercised its discretion to extend time on just and equitable grounds to permit the disability discrimination claim to proceed, and found that the claimant was disabled due to PTSD at the relevant time.
Practical note
Tribunals have no discretion to extend time for unfair dismissal claims but retain discretion to extend time for discrimination claims on just and equitable grounds, particularly where the claimant's disability may have affected their ability to bring the claim in time.
Legal authorities cited
Case details
- Case number
- 6016261/2024
- Decision date
- 27 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No