Claimant v Circles Network
Outcome
Individual claims
Claim dismissed for lack of jurisdiction as it was not lodged timeously. Tribunal found it was reasonably practicable for the claimant to have lodged in time. Despite union representative's alleged misleading advice about 'pausing' proceedings, claimant did not check position and delayed unreasonably, including 6 weeks after contacting ACAS.
Claim dismissed as time-barred. Tribunal not satisfied it was just and equitable to extend time. Claims were vague and undeveloped, relating to incidents at least a year old. Claimant aware of sexual harassment issues before dismissal but chose not to pursue them until after dismissal. Delays occurred before personal difficulties arose.
Claim dismissed as time-barred. Tribunal not satisfied it was just and equitable to extend time. Last incident alleged to be 27 September 2024. Claims undeveloped with no detail provided. Claimant had raised issues internally but declined to provide details at meeting in July 2024. Tribunal found claimant intended no action until prompted by dismissal.
Facts
Claimant was an advocacy worker for a charity dismissed for gross misconduct on 30 September 2024 following allegations he made of sexual harassment by his line manager. He was a Unison member and says his union representative told him proceedings could be 'paused' at an appeal meeting on 25 November 2024. He did not contact ACAS until 15 April 2025 (139 days late). He suffered personal difficulties including his daughter's serious illness in early 2025 and his own mental health issues. He raised claims for unfair dismissal and sex discrimination/harassment on 15 May 2025.
Decision
All claims dismissed as out of time. Unfair dismissal claim dismissed for lack of jurisdiction as tribunal found it was reasonably practicable to claim in time despite union advice. Claimant should have checked time limits himself and did not verify that proceedings had been 'paused'. Sex discrimination and harassment claims dismissed as not just and equitable to extend time given claims were vague, undeveloped, and claimant chose not to pursue them before dismissal despite being aware of the issues.
Practical note
Even where a union representative gives incorrect advice about time limits, a claimant with the claimant's experience and abilities is expected to verify that advice and check that promised actions (like 'pausing' proceedings) have actually been taken; unexplained delays of many months will be fatal to both the 'not reasonably practicable' and 'just and equitable' tests.
Legal authorities cited
Statutes
Case details
- Case number
- 8001218/2025
- Decision date
- 12 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Circles Network
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Advocacy worker
- Service
- 5 years
Claimant representation
- Represented
- No