Claimant v RCCN Limited
Outcome
Individual claims
This was a preliminary hearing solely concerned with the time limit issue under section 123 of the Equality Act 2010. The tribunal found it was just and equitable to extend the time limit, allowing the section 15 discrimination arising from disability claim to proceed to a full merits hearing. The substantive merits have not yet been determined.
Facts
This was a preliminary hearing to determine whether the claimant's discrimination claim under section 15 of the Equality Act 2010 (discrimination arising from disability) should be permitted to proceed despite being filed outside the statutory time limit. The claim was filed on 2 February 2025. Both parties were represented by counsel at the video hearing.
Decision
Employment Judge Brain determined that although the claim was presented outside the time limit prescribed by section 123 of the Equality Act 2010, it was just and equitable to extend the time limit to allow the claim filed on 2 February 2025 to proceed to a full merits hearing.
Practical note
Tribunals retain discretion to extend time limits for discrimination claims on just and equitable grounds even where claims are significantly out of time, allowing the substantive merits to be determined.
Legal authorities cited
Statutes
Case details
- Case number
- 6002469/2023
- Decision date
- 4 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- RCCN Limited
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister