Claimant v Equans Regeneration Limited
Outcome
Individual claims
Claims under Employment Rights Act 1996 dismissed for being out of time. Claimant did not show it was not reasonably practicable to present claim in time, so time limit not extended.
Claims under Equality Act 2010 dismissed for being out of time. Claimant did not show it was just and equitable to extend time limit.
Facts
Ms Fernley brought claims against two construction companies, Equans Regeneration Limited and Bouygues (UK) Limited. The case came before the tribunal on a preliminary hearing to determine time limit issues. The claimant was unrepresented while both respondents were represented by the same counsel.
Decision
The tribunal dismissed the entire claim on the basis that all complaints were brought outside the relevant limitation periods. The claimant failed to satisfy either the 'reasonably practicable' test under the Employment Rights Act 1996 or the 'just and equitable' test under the Equality Act 2010 to extend time.
Practical note
Even where a claimant has potentially valid claims, failure to bring them within strict time limits will result in dismissal unless exceptional circumstances are demonstrated to extend time.
Legal authorities cited
Statutes
Case details
- Case number
- 6003489/2025
- Decision date
- 16 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No