Claimant v Secretary of State for Defence
Outcome
Other
Facts
The claimant X brought a claim against the Ministry of Defence which was presented outside the applicable statutory time limit. The respondent contested the claim on the basis it was out of time. A preliminary hearing was held by video to determine whether time should be extended.
Decision
The tribunal found that although the claim was presented late, it was just and equitable to extend the time limit under the applicable legislation. The claim was therefore allowed to proceed to a full hearing on the merits.
Practical note
Even where claims are presented out of time against public sector employers, tribunals retain discretion to extend time limits where it is just and equitable to do so.
Legal authorities cited
Case details
- Case number
- 1402789/2024
- Decision date
- 26 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- military
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister