Claimant v London Borough of Southwark
Outcome
Individual claims
Complaint that Ms McIntosh delayed in hearing the claimant's stage 2 appeal from 5 April 2023 was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend time.
Complaint that Ms McIntosh delayed in hearing the claimant's stage 2 appeal from 5 April 2023 was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend time.
Complaint that on 19 April 2023 Ms Hope refused to recommend the claimant for a yearly increment for the fifth year running was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend time.
Complaint that on 19 April 2023 Ms Hope refused to recommend the claimant for a yearly increment for the fifth year running was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend time.
Complaint that up to August 2023 Ms Wright or persons unknown failed to complete the requisite form whilst claimant was on sick leave, resulting in underpayment, was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend time.
Facts
The claimant brought disability discrimination and victimisation claims against her employer, London Borough of Southwark. She alleged that Ms McIntosh delayed hearing her stage 2 appeal from 5 April 2023, Ms Hope refused to recommend her for a yearly increment on 19 April 2023 for the fifth consecutive year, and that Ms Wright or others failed to complete necessary forms while she was on sick leave up to August 2023, resulting in underpayment. The claimant has other ongoing discrimination complaints scheduled for hearing in December 2025.
Decision
The tribunal found that three specific complaints relating to events between April and August 2023 were presented outside the applicable time limits. The tribunal determined it was not just and equitable to extend time for these complaints and dismissed them. The claimant's remaining discrimination complaints under case number 6002439/2024 will proceed to a full hearing.
Practical note
This preliminary hearing demonstrates the strict application of time limits in discrimination cases and the importance of filing complaints promptly, as tribunals will not automatically extend time even where a claimant is unrepresented.
Legal authorities cited
Case details
- Case number
- 6002439/2024
- Decision date
- 4 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- London Borough of Southwark
- Sector
- local government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No