Claimant v Dr Rajesh Wadhwani
Outcome
Individual claims
The claim was presented outside the applicable time limit. The tribunal considered whether to extend time on a just and equitable basis but determined it was not just and equitable to do so. The claim was therefore dismissed for being out of time.
Facts
Mr Kane brought a claim of direct disability discrimination against Dr Wadhwani. The claimant suffered from herniated discs and lower back pain which the tribunal found constituted a disability under the Equality Act 2010. There had been without prejudice correspondence on 10 October 2023. The claimant presented his claim outside the statutory time limit.
Decision
The tribunal determined that the claimant was disabled at the relevant time due to herniated discs and lower back pain. The without prejudice correspondence retained its privilege as there was no unambiguous impropriety. The claim was presented out of time and the tribunal decided it was not just and equitable to extend the time limit, resulting in dismissal of the claim.
Practical note
Even where disability status is established, discrimination claims presented outside the statutory time limit will be dismissed unless the tribunal finds it just and equitable to extend time, which is a discretionary test requiring careful consideration of the circumstances.
Legal authorities cited
Statutes
Case details
- Case number
- 3302486/2024
- Decision date
- 16 June 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No