Claimant v Virgin Atlantic Airways Limited
Outcome
Individual claims
Claimant withdrew unfair dismissal claim at preliminary hearing on 20 May 2025. Judgment dismissing claim not yet issued at time of this hearing. Claimant indicated she felt tribunal had not understood her position and may seek reconsideration.
Claimant permitted to amend claim to include allegation that dismissal on 26 October 2023 and appeal outcome on 19 December 2023 were acts of direct discrimination by association (as carer for disabled son). Time extended on just and equitable grounds due to claimant's mental health deterioration and misunderstanding of time limits. Merits not yet determined.
Claimant permitted to amend claim to include allegation that dismissal, appeal outcome on 19 December 2023, and grievance appeal outcome on 3 September 2024 were harassment related to disability (by association with disabled son). Time extended on just and equitable grounds. Merits not yet determined.
Claimant permitted to amend to include victimisation claims, but limited to: (1) investigation, dismissal, and December 2023 appeal outcome as victimisation for raising August 2023 grievance; (2) September 2024 grievance appeal outcome as victimisation relying on three written protected acts. Tribunal refused to allow victimisation claims based on oral alleged protected acts due to prejudice to respondent and lack of proper particularisation. Merits not yet determined.
Claim submitted 9 weeks out of time. Tribunal found it was not reasonably practicable for claimant to submit in time due to deteriorating mental health (PTSD, severe depression, anxiety) in period leading up to and beyond expiry of time limit. Claim submitted within further reasonable period given impact of mental health. Relates to alleged contractual rights arising from previous redundancy by Virgin Holidays Limited in 2019. Merits not yet determined.
Facts
Claimant was dismissed on 26 October 2023 allegedly for being under the influence of alcohol at work. She appealed and also raised grievances, with final appeal outcome issued 3 September 2024. Claimant filed ET1 on 1 April 2024, initially only for unfair dismissal and breach of contract. She is a single mother caring for an allegedly disabled son and suffered significant mental health deterioration (PTSD, severe depression and anxiety diagnosed February 2024) following events at work and dismissal. Claimant later sought to amend to include discrimination by association, harassment, and victimisation claims.
Decision
This was a preliminary hearing on applications to amend and time limits. Tribunal permitted amendments to include direct discrimination and harassment claims relating to dismissal, appeal outcomes, and grievance outcome, extending time on just and equitable grounds due to claimant's mental health and misunderstanding of time limits. Victimisation claims permitted only where based on written protected acts (August 2023 grievance and two subsequent written responses), not oral allegations. Breach of contract claim allowed to proceed despite being 9 weeks out of time, tribunal finding it was not reasonably practicable to file in time due to claimant's deteriorating mental health.
Practical note
Tribunals will exercise discretion to extend time limits and permit late amendments where a claimant's mental health has been severely impacted and there is medical evidence supporting the effect on their ability to pursue claims, even where the delay is substantial, but proper written particularisation of victimisation claims is essential and oral protected acts may be refused where they would cause prejudice to the respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 3303597/2024
- Decision date
- 27 October 2025
- Hearing type
- preliminary
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No