Claimant v Bodmin Town Council
Outcome
Individual claims
Claims that were duplications of factual assertions already before the tribunal in claim number 1401043/2024 were struck out as duplicative.
Claims that were duplications of factual assertions already before the tribunal in claim number 1401043/2024 were struck out as duplicative.
New claims not previously made in claim 1401043/2024 were not presented within the applicable time limit and the tribunal found it was not just and equitable to extend time.
New claims not previously made in claim 1401043/2024 were not presented within the applicable time limit and the tribunal found it was not just and equitable to extend time.
While the claim was not presented within the applicable time limit, the tribunal found it was not reasonably practicable to do so and that the claim was presented within a further reasonable period. The claim will proceed to a final hearing.
Facts
This was a preliminary hearing concerning a second claim brought by Mr Martin against Bodmin Town Council. He had previously brought claim 1401043/2024. The second claim included discrimination claims on grounds of age and disability, some of which duplicated matters in the first claim and some of which were new, as well as an unfair dismissal claim. All claims in the second case were presented outside the applicable time limits.
Decision
The tribunal struck out discrimination claims that duplicated the earlier claim and dismissed new discrimination claims as out of time, finding it was not just and equitable to extend time. However, the unfair dismissal claim was permitted to proceed as the tribunal found it was not reasonably practicable to present it in time and it was presented within a further reasonable period. It will be heard with the earlier claim.
Practical note
Where a claimant brings multiple claims, duplicative discrimination claims will be struck out, and the 'not reasonably practicable' test for unfair dismissal time limits may be more forgiving than the 'just and equitable' test for discrimination claims.
Legal authorities cited
Case details
- Case number
- 6022661/2025
- Decision date
- 16 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No