Cases2600041/2025

Claimant v Govani Dental Limited

29 September 2025Before Employment Judge R AdkinsonMidlands Eastremote video

Outcome

Claimant fails

Individual claims

Constructive Dismissalstruck out

Claim was presented one month out of time. Tribunal found it was reasonably practicable to have presented the claim in time despite the claimant's anxiety and depression, as she was able to start new employment, complete her certificate qualification, participate in grievance processes, and had trade union support throughout. The claimant chose to prioritise her new job and qualification over filing the claim. Dismissed for lack of jurisdiction.

Discrimination Arising from Disability (s.15)(disability)struck out

Claims presented nearly two months out of time. Tribunal found it not just and equitable to extend time. Despite claimant's anxiety and depression, she was able to work, complete her qualification, and had union support. The claims were also ill-defined and unclear despite case management directions and three sets of further particulars, which would cause prejudice to the respondent. Dismissed for lack of jurisdiction.

Harassment(disability)struck out

Claims presented nearly two months out of time (last alleged act was 10 July 2024, deadline 16 November 2024, filed 10 January 2025). Tribunal applied same reasoning as disability discrimination claims: not just and equitable to extend time given claimant's ability to function despite her condition, lack of clear explanation for delay, and prejudice to respondent from unclear pleadings. Dismissed for lack of jurisdiction.

Facts

The claimant worked as a practice manager for a dental practice from January 2019 to August 2024. She had anxiety and depression. She resigned on notice in July 2024 after raising grievances. The last alleged discriminatory act was 10 July 2024. She had trade union representation from June 2024 and was advised of strict time limits. She pursued internal grievance and appeal processes while starting new employment in August 2024 and working on a leadership qualification. She experienced a chest infection in November 2024. She filed her tribunal claim on 10 January 2025, well outside the statutory time limits.

Decision

The tribunal dismissed all claims for lack of jurisdiction due to being presented out of time. Despite the claimant's mental health condition and chest infection, the tribunal found she was capable of presenting claims in time given she was able to start new employment, complete her qualification, participate in grievance processes, and had trade union support. The tribunal found it was reasonably practicable to present the unfair dismissal claim in time and not just and equitable to extend time for discrimination claims, noting the claims were also poorly particularised despite multiple attempts to clarify them.

Practical note

Mental health conditions alone will not justify extending time limits if the claimant demonstrates they were capable of other demanding activities during the same period, and having trade union representation with knowledge of time limits significantly undermines any argument that filing was impracticable.

Legal authorities cited

Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23Cygnet Behavioural Health Ltd v Britton [2022] IRLR 906 EATPalmer v Southend-on-Sea Borough Council 1984 ICR 372 CAJohn Lewis Partnership v Charman UKEAT/0079/11Schultz v Esso Petroleum Co Ltd [1999] ICR 1202 CAApelogun-Gabriels v Lambeth LBC 2022 ICR 713 CA

Statutes

Equality Act 2010

Case details

Case number
2600041/2025
Decision date
29 September 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
solicitor

Employment details

Role
Practice Manager
Service
6 years

Claimant representation

Represented
Yes
Rep type
union