Claimant v Denholm Logistics Group Limited
Outcome
Individual claims
The tribunal found it was reasonably practicable for the claimant to submit her claim within the primary time limit. As the claim was submitted out of time and no extension could be granted, the tribunal lacks jurisdiction and dismissed the claim.
The tribunal found it was reasonably practicable for the claimant to submit her claim within the primary time limit. As the claim was submitted out of time and no extension could be granted, the tribunal lacks jurisdiction and dismissed the claim.
The tribunal found it was reasonably practicable for the claimant to submit her claim within the primary time limit. As the claim was submitted out of time and no extension could be granted, the tribunal lacks jurisdiction and dismissed the claim.
The tribunal exercised its discretion under s.123(1)(b) Equality Act 2010 to extend time on just and equitable grounds. The claim was submitted out of the primary time limit but the tribunal allowed it to proceed to a full hearing on the merits.
The tribunal exercised its discretion under s.123(1)(b) Equality Act 2010 to extend time on just and equitable grounds. The claim was submitted out of the primary time limit but the tribunal allowed it to proceed to a full hearing on the merits.
Facts
Ms McGechen brought claims against Denholm Logistics Group Limited including unfair dismissal, wrongful dismissal, holiday pay, age discrimination and sex discrimination. This was a preliminary hearing to determine whether the claims were brought in time. The claimant represented herself while the respondent was represented by a solicitor.
Decision
The tribunal dismissed the unfair dismissal, wrongful dismissal and holiday pay claims on grounds that it was reasonably practicable to submit them in time and they were therefore out of time. However, the age and sex discrimination claims were allowed to proceed as the tribunal exercised its discretion to extend time on just and equitable grounds under the Equality Act 2010.
Practical note
A tribunal will apply different time limit tests to discrimination claims versus other employment claims, with discrimination claims having greater scope for extension on just and equitable grounds even where other claims are dismissed as out of time.
Legal authorities cited
Statutes
Case details
- Case number
- 2406924/2024
- Decision date
- 23 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No