Claimant v Outcomes First Group Limited
Outcome
Individual claims
Struck out as out of time. Last payment due 30 November 2023. Time limit expired 29 February 2024. Claim presented 24 January 2025, 10 months 27 days late. Claimant failed to show it was not reasonably practicable to bring claim on time.
Struck out as out of time under Working Time Regulations. Claimant went off sick 13 November 2023 and made no holiday requests thereafter. Any pre-sickness claims time-barred under reg.30. Time limit expired 12 February 2024, claim presented 11 months 13 days late.
Struck out as out of time and no reasonably practicable extension. Alleged detriments occurred while claimant was at work, ending November 2023. Disclosures insufficiently specific to amount to protected disclosures under s.41A ERA 1996. Claimant failed to demonstrate it was not reasonably practicable to bring claim on time.
Struck out as out of time with no just and equitable extension. Any discrimination predated sickness absence in November 2023. Tribunal found claims vague and lacking merit. Claimant contacted ACAS mid-2023 but did not pursue claims. Tribunal unconvinced she could not have raised proceedings earlier despite health difficulties.
Struck out as out of time with no just and equitable extension. Any harassment occurred before sickness absence November 2023. Claimant failed to show harassment was related to disability; tribunal found respondent had reason for disciplinary action unrelated to disability. Claims lacked sufficient particularity.
Claim under Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 was withdrawn by the claimant and therefore dismissed.
Equal pay (like work) claim was not subject to strike out or time bar and remains to be determined. This claim was not addressed at this preliminary hearing.
Struck out as out of time. Sick pay entitlement expired 10 July 2024. Time limit expired 9 October 2024. Claim presented 24 January 2025, 3 months 16 days late. Claimant failed to show it was not reasonably practicable to bring claim on time.
Facts
Claimant was a Care Support Worker at respondent's residential schools for autistic children. She went on long-term sick leave on 13 November 2023 following workplace injury and stress arising from disciplinary proceedings, difficulties with an aggressive pupil and parent, and alleged pay issues relating to annualised hours and introduction of a four-day working week. She contacted ACAS mid-2023 for advice but did not apply for early conciliation until 11 November 2024, presenting her claim on 24 January 2025. Claims included minimum wage, holiday pay, whistleblowing detriment, disability discrimination and harassment.
Decision
Tribunal struck out all claims except equal pay on grounds of time bar. Claims for minimum wage, holiday pay and whistleblowing detriment were 3-11 months out of time and claimant failed to show it was not reasonably practicable to bring them on time. Disability discrimination and harassment claims were also out of time and tribunal refused just and equitable extension, finding claims vague and lacking in merit. Tribunal found claimant had good and bad days and could have pursued claims earlier, especially as she had contacted ACAS mid-2023.
Practical note
Even where a claimant faces genuine health difficulties, the tribunal will not extend time if they had capacity to bring claims earlier (evidenced by seeking ACAS advice), the claims lack merit and particularity, and significant delay is unexplained.
Legal authorities cited
Statutes
Case details
- Case number
- 8000201/2025
- Decision date
- 1 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Care Support Worker
Claimant representation
- Represented
- No