Claimant v Redditch FMA Ltd
Outcome
Individual claims
The automatic unfair dismissal claim was lodged out of time and the tribunal found it was reasonably practicable for it to be lodged within the time limit. As the claimant failed to lodge in time when it was reasonably practicable to do so, the claim was struck out.
The pregnancy and maternity discrimination claim was lodged out of time, but the tribunal exercised its discretion to extend the time limit on the basis that it was just and equitable to do so. The claim is permitted to proceed to a full hearing.
Facts
Miss Williams was employed by Redditch FMA Ltd from 1 October 2022 until 26 April 2024, a period of approximately 19 months. She brought claims of automatic unfair dismissal and pregnancy and maternity discrimination. Both claims were lodged outside the statutory time limits. This was a preliminary hearing to determine whether the claims should be permitted to proceed despite being out of time.
Decision
The tribunal struck out the automatic unfair dismissal claim because it was lodged out of time and it was reasonably practicable for the claimant to have lodged it within the time limit. However, the tribunal extended the time limit for the pregnancy and maternity discrimination claim on the basis that it was just and equitable to do so, allowing that claim to proceed to a full hearing.
Practical note
Different time limit tests apply to unfair dismissal claims (reasonably practicable test) versus discrimination claims (just and equitable test), with tribunals having broader discretion to extend time for discrimination claims.
Legal authorities cited
Case details
- Case number
- 6014416/2024
- Decision date
- 4 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Redditch FMA Ltd
- Sector
- other
- Represented
- No
Employment details
- Service
- 2 years
Claimant representation
- Represented
- No