Outcome
Individual claims
Claims were dismissed at preliminary hearing as being out of time. The tribunal applied the just and equitable test under s123 Equality Act 2010 and declined to extend time, considering factors including the strength of the claim and other relevant circumstances.
Breach of contract claim was dismissed at preliminary hearing as being out of time. The tribunal applied the reasonably practicable test and declined to extend time.
Facts
This is a reconsideration application following a preliminary hearing judgment sent to parties on 26 September 2025. The claimant brought claims of discrimination and breach of contract against MCare 24 Limited. At the preliminary hearing, the tribunal dealt with time limit issues and amendment applications. The claimant gave oral evidence at the preliminary hearing. The claimant's claims were dismissed as out of time.
Decision
The reconsideration application dated 9 October 2025 was refused. Employment Judge Bennett found no reasonable prospect of the original decision being varied or revoked. The judge correctly applied the just and equitable test and reasonably practicable test, appropriately considered the strength of the claims as one of several factors, and conducted the preliminary hearing fairly with proper consideration of amendment applications.
Practical note
At preliminary hearings on time limits, tribunals can properly take into account the potential merits of claims as one factor when exercising discretion under the just and equitable test, provided they take a realistic view and accept the claimant's case at its highest.
Legal authorities cited
Statutes
Case details
- Case number
- 1311967/2024
- Decision date
- 24 September 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- MCare 24 Limited
- Sector
- healthcare
- Represented
- Yes
Claimant representation
- Represented
- Yes