Claimant v Cidari Multi Academy Trust
Outcome
Individual claims
Tribunal allowed claim to proceed despite being out of time, finding it was not reasonably practicable for claimant to present claim in time due to debilitating mental health condition following birth of seriously ill baby requiring neonatal intensive care, and claim was presented within further reasonable period. Merit of claim not yet determined.
Tribunal extended time limit on just and equitable grounds, finding claimant was very unwell during limitation period, receiving weekly mental health services for severe anxiety that prevented her leaving home, and only discovered role was filled on 5 March 2025, contacting ACAS four days later. No material prejudice to respondent from four month delay. Merit of claim not yet determined.
Facts
Claimant's employment ended 31 August 2024. She had given birth to a seriously ill baby on 4 March 2024 who spent time in neonatal intensive care. This caused claimant to develop severe mental health condition requiring specialist perinatal mental health services and weekly counselling, with anxiety preventing her from leaving home. She discovered on 5 March 2025 that Ms Bolton was still covering her maternity role, prompting her to contact ACAS on 9 March 2025 and file claim on 13 March 2025, over 4 months out of time.
Decision
Tribunal extended time limits for both automatic unfair dismissal (s.99 ERA) and pregnancy discrimination (s.18 EqA) claims, finding claimant's severe mental health condition following traumatic birth made it not reasonably practicable to present claim in time, claim was presented within further reasonable period once she discovered role was filled, and just and equitable to extend discrimination time limit given no material prejudice to respondent.
Practical note
Serious mental health conditions following pregnancy complications can justify extending strict employment tribunal time limits where claimant acts promptly once able and there is no material prejudice to the respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 6008802/2025
- Decision date
- 20 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No