Outcome
Individual claims
The claim was presented out of time. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time and therefore declined to extend the time limit under ERA 1996 s.111(2).
The claim was presented out of time but the tribunal found it just and equitable to extend time under EqA 2010 s.123(1)(b). The claim therefore continues to a full merits hearing.
Facts
This was a preliminary hearing to determine whether the claimant's claims of unfair dismissal and direct sex discrimination should be allowed to proceed despite being presented out of time. The parties were anonymised as C and D. Both parties were represented by counsel.
Decision
The tribunal dismissed the unfair dismissal claim as out of time, finding it was reasonably practicable to present in time. However, the tribunal exercised its discretion to extend time for the sex discrimination claim on just and equitable grounds, allowing that claim to proceed to a full merits hearing.
Practical note
Tribunals apply different time limit tests to unfair dismissal (reasonably practicable) versus discrimination claims (just and equitable), with the latter providing greater flexibility to extend time.
Legal authorities cited
Statutes
Case details
- Case number
- 1401728/2024
- Decision date
- 10 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- D
- Sector
- —
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister