Cases8001215/2024

Claimant v ICARE24 Group Ltd

16 June 2025Before Employment Judge BrewerScotlandremote video

Outcome

Claimant fails

Individual claims

Indirect Discrimination(disability)struck out

Tribunal declined to extend time on just and equitable grounds. Claim presented significantly out of time with inadequate explanation for delay. Claimant claimed mental health prevented earlier claim but evidence showed he was working and setting up companies. Cogency of evidence prejudiced by delay as allegations dated back to 2022.

Discrimination Arising from Disability (s.15)(disability)struck out

Tribunal declined to extend time on just and equitable grounds. Length of delay (over 5 months) not justified by reasons given. Claimant provided no documentary evidence supporting claimed incapacity to bring claim earlier. Respondent prejudiced by requirement to recall detailed events from 2022 onwards.

Failure to Make Reasonable Adjustments(disability)struck out

Tribunal declined to extend time on just and equitable grounds. Claimant was aware of time limits throughout but failed to act. Judge found claimant's evidence about incapacity 'convenient' and unsupported. Balance of prejudice favoured respondent given age of allegations and lack of adequate particulars.

Harassment(disability)struck out

Tribunal declined to extend time on just and equitable grounds. Claims lacked sufficient detail and dated back to 2022. Tribunal found no good reason why claimant did not contact ACAS and bring claim in time. Allegations included overwork from February 2022 with insufficient particulars for respondent to properly defend.

Constructive Dismissalstruck out

At earlier preliminary hearing on 11-12 March 2025, Employment Judge Doherty determined claim was out of time and it was reasonably practicable for claim to have been brought within primary three month time limit under Employment Rights Act 1996.

Working Time Regulationsstruck out

At earlier preliminary hearing on 11-12 March 2025, Employment Judge Doherty determined claim under regulation 11 of Working Time Regulations 1998 was out of time and it was reasonably practicable for claim to have been brought within primary three month time limit.

Facts

Claimant resigned on 29 February 2024 alleging disability discrimination dating back to 2022, including overwork and harassment. He was taking Nitrazepam for anxiety until March 2024. He did not contact ACAS until 7 June 2024 (over 3 months late), received EC certificate 18 July, but did not submit claim until 12 August 2024. During this period he was doing some work and setting up companies. At earlier preliminary hearing in March 2025, Judge Doherty found constructive dismissal and working time claims out of time and that it was reasonably practicable to bring them in time.

Decision

Tribunal declined to extend time on just and equitable grounds for Equality Act claims. Judge found claimant's evidence about being too unwell to claim earlier was 'convenient' and unsupported by evidence, noting he was working and setting up companies. The delay was lengthy, reasons inadequate, and respondent would be prejudiced having to recall detailed events from 2022 onwards with insufficient particulars provided.

Practical note

Vague claims of mental health difficulties preventing a claim are unlikely to justify extending time where the claimant was functioning sufficiently to work and undertake business activities, and particularly where the underlying allegations are already significantly dated.

Legal authorities cited

Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23Robertson v Bexley Community Centre t/a Leisure Link [2003] IRLR 434Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] EWCA Civ 640British Coal Corpn v Keeble [1997] IRLR 336Southwark London Borough Council v Afolabi [2003] ICR 800

Statutes

Employment Rights Act 1996Equality Act 2010 s.123Working Time Regulations 1998 regulation 11Limitation Act 1980 s.33

Case details

Case number
8001215/2024
Decision date
16 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
lay rep

Claimant representation

Represented
No