Claimant v Sandwell Children's Trust
Outcome
Individual claims
The claim was presented out of time. The tribunal found it was reasonably practicable for the claimant to have presented the claim within the statutory time limit, and therefore did not exercise discretion to allow the late claim to proceed.
The claim was presented out of time. The tribunal determined it was not just and equitable to extend the time limit for presenting the claim, and therefore dismissed it on time limit grounds.
The claim was presented out of time. The tribunal determined it was not just and equitable to extend the time limit for presenting the claim, and therefore dismissed it on time limit grounds.
Facts
Ms Coley brought claims for unfair dismissal and discrimination on grounds of disability and race against Sandwell Children's Trust. She also applied to amend her claim. This was a preliminary hearing to determine whether her claims were presented in time and whether she should be permitted to amend.
Decision
The tribunal dismissed all claims on time limit grounds. The unfair dismissal claim failed because it was reasonably practicable to present it in time. The discrimination claims failed because it was not just and equitable to extend time. The application to amend was also refused.
Practical note
Unrepresented claimants must strictly comply with time limits; tribunals will not extend time for unfair dismissal if it was reasonably practicable to claim in time, nor for discrimination claims unless just and equitable factors clearly support extension.
Legal authorities cited
Case details
- Case number
- 6020292/2024
- Decision date
- 21 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No