Claimant v Capital Care Group Ltd
Outcome
Individual claims
The tribunal found the claim was out of time but exercised its discretion under the just and equitable test to extend the time limit. The claim will proceed to a full merits hearing. The substantive merits of the indirect sex discrimination claim have not yet been determined.
Facts
Mrs Howell brought a claim of indirect sex discrimination against her former employer Capital Care Group Ltd. The claim was presented outside the applicable statutory time limit. At a preliminary hearing held remotely, the tribunal considered whether to extend time to allow the claim to proceed.
Decision
Employment Judge Boyle determined that although the indirect sex discrimination claim was out of time, it was just and equitable to extend the time limit. The claim will therefore proceed to a full merits hearing where the substantive allegations will be considered.
Practical note
Tribunals retain discretion to extend time limits for discrimination claims under the just and equitable test, even where claims are presented late, allowing meritorious claims to proceed despite procedural delays.
Legal authorities cited
Statutes
Case details
- Case number
- 1307513/2024
- Decision date
- 5 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep