Claimant v Henfield Storage (Southwark) Ltd
Outcome
Individual claims
The unfair dismissal complaint was not presented within the applicable time limit and the tribunal found it was reasonably practicable to present the claim in time, therefore the claim was dismissed.
The race discrimination complaint was not presented within the applicable time limit, but the tribunal exercised its discretion to extend time on a just and equitable basis, allowing the claim to proceed to a full hearing.
Facts
The claimant, Mr Daniel Edekpayi, brought claims of unfair dismissal and race discrimination against his former employer, Henfield Storage (Southwark) Ltd. Both claims were presented outside the applicable time limits. The tribunal held a preliminary hearing to determine whether to extend time for the late claims.
Decision
The tribunal dismissed the unfair dismissal claim, finding it was reasonably practicable for the claimant to present it within the statutory time limit. However, the tribunal exercised its discretion to extend time for the race discrimination claim on a just and equitable basis, allowing that claim to proceed to a full merits hearing.
Practical note
Tribunals apply different tests for extending time limits: the stricter 'reasonably practicable' test for unfair dismissal claims versus the more flexible 'just and equitable' test for discrimination claims, which can produce different outcomes on the same facts.
Legal authorities cited
Case details
- Case number
- 2306201/2023
- Decision date
- 15 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No