Cases2302927/2024

Claimant v Richmond and Wandsworth Council

12 November 2025Before Employment Judge BurgeLondon Southremote video

Outcome

Partly successful

Individual claims

Unfair Dismissalstruck out

The claims were brought outside of the applicable time limits and the tribunal found it was reasonably practicable for the claimant to have brought them in time, therefore the tribunal does not have jurisdiction to hear them.

Direct Discriminationnot determined

The claims were not presented within the applicable time limit, but the tribunal decided it is just and equitable to extend the time limit, so the claims will proceed to a full hearing.

Harassmentnot determined

The claims were not presented within the applicable time limit, but the tribunal decided it is just and equitable to extend the time limit, so the claims will proceed to a full hearing.

Facts

Mr Killingbeck brought claims of unfair dismissal, direct discrimination and harassment against Richmond and Wandsworth Council and Mr Seth individually. This was a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claims given that they were brought outside the applicable time limits.

Decision

The tribunal ruled that the unfair dismissal claims were out of time and it was reasonably practicable for the claimant to have brought them in time, so those claims were struck out. However, the discrimination and harassment claims, though also out of time, were allowed to proceed as the tribunal exercised its discretion to extend time on just and equitable grounds.

Practical note

An unrepresented claimant successfully persuaded a tribunal to extend time for discrimination claims on just and equitable grounds, but failed to establish that it was not reasonably practicable to bring unfair dismissal claims in time.

Legal authorities cited

Case details

Case number
2302927/2024
Decision date
12 November 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No