Claimant v Secretary of State for Justice
Outcome
Individual claims
Claimant withdrew the breach of contract complaint and it was dismissed upon withdrawal.
Claim related to extension of probation period was presented out of time and tribunal found it was not just and equitable to extend time, therefore the tribunal lacked jurisdiction. The tribunal noted that even if it had jurisdiction, the claim would have failed on its merits.
Discrimination arising from disability claim related to extension of probation period was presented out of time and tribunal found it was not just and equitable to extend time, therefore the tribunal lacked jurisdiction. The tribunal noted that even if it had jurisdiction, the claim would have failed on its merits.
First of two remaining discrimination arising from disability complaints that were in time failed. The tribunal found on the merits that this claim was not established, though specific reasoning was given orally only.
Second of two remaining discrimination arising from disability complaints that were in time failed. The tribunal found on the merits that this claim was not established, though specific reasoning was given orally only.
Facts
Mrs Day brought disability discrimination claims against the Secretary of State for Justice, including claims relating to the extension of her probation period and other matters during her employment. The case proceeded to a four-day full merits hearing at London Central tribunal. Both parties were represented by counsel.
Decision
The tribunal dismissed all claims. The breach of contract claim was withdrawn. Claims relating to failure to make reasonable adjustments and discrimination arising from disability regarding probation extension were dismissed as out of time, with the tribunal finding it not just and equitable to extend the time limit. Two remaining discrimination arising from disability claims that were in time failed on their merits.
Practical note
Claimants must be vigilant about time limits in disability discrimination cases, as tribunals will not automatically extend time even where claims have merit, and the 'just and equitable' test requires compelling reasons for late presentation.
Legal authorities cited
Case details
- Case number
- 2219487/2024
- Decision date
- 2 October 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- Secretary of State for Justice
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister