Claimant v NG Bailey Group Limited
Outcome
Individual claims
Preliminary hearing dealt only with time limit issue. Tribunal found it just and equitable to extend time, allowing the discrimination claim to proceed. The claim relates to alleged consideration of the claimant's mental health in the redundancy decision. Substantive merits have not yet been determined.
Facts
The claimant was dismissed by reason of redundancy on 4 September 2024 after nearly two years' service as a Business Performance Practitioner. He had suffered a mental health crisis in June-July 2024. Following a DSAR submitted in December 2024, the claimant received internal emails on 15 January 2025 that suggested his mental health and short service were factors in the redundancy decision. He contacted ACAS on 2 February 2025 and filed his claim on 20 February 2025, 98 days after the limitation deadline.
Decision
The tribunal found it just and equitable to extend time by 98 days. Although the delay was substantial, the claimant could not reasonably have known the factual basis for his discrimination claim until receiving the DSAR response after the limitation period had expired. He acted promptly thereafter (36 days), his mental health affected his ability to formulate the claim, forensic prejudice to the respondent was limited, and the claim had arguable merit. The discrimination complaint will proceed.
Practical note
A substantial delay beyond the limitation period may still be excused where key evidence emerges post-deadline via DSAR, the claimant acts promptly thereafter, mental health impacts capacity, and forensic prejudice is minimal.
Legal authorities cited
Statutes
Case details
- Case number
- 6005798/2025
- Decision date
- 21 October 2025
- Hearing type
- preliminary
- Hearing days
- 0.5
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Business Performance Practitioner
- Service
- 2 years
Claimant representation
- Represented
- No