Claimant v Maryam's Nursery
Outcome
Individual claims
The claimant withdrew the age discrimination claim under s13 Equality Act 2010 during the preliminary hearing.
The claim was brought outside the statutory time limit in s123 Equality Act 2010. The tribunal found it was not just and equitable to extend the time limit and therefore had no jurisdiction to hear the claim.
Facts
Miss Thomas brought claims of age and race discrimination against Maryam's Nursery. The claimant was unrepresented while the respondent was represented by counsel. At a preliminary hearing conducted remotely, the claimant withdrew her age discrimination claim. The tribunal considered the timing of her race discrimination claim.
Decision
The tribunal dismissed the age discrimination claim on withdrawal. The race discrimination claim was dismissed for lack of jurisdiction because it was brought outside the statutory time limit under s123 Equality Act 2010, and the tribunal found it was not just and equitable to extend time.
Practical note
Claimants must strictly observe the three-month time limit for discrimination claims, as tribunals will not automatically extend time even where the just and equitable test applies.
Legal authorities cited
Statutes
Case details
- Case number
- 6010475/2024
- Decision date
- 4 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Maryam's Nursery
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No