Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
The tribunal struck out the unfair dismissal claim because it was filed approximately six months outside the statutory time limit. The tribunal concluded it was reasonably practicable for the claimant to have filed on time despite her mental health difficulties, as she was able to engage in correspondence with the respondent and conduct her appeal during the relevant period.
The unlawful deductions from wages claim was struck out as it was lodged outside the statutory time limit and the tribunal declined to extend time, finding it was reasonably practicable for the claimant to have complied with the time limits given her engagement with other matters during the relevant period.
The breach of contract claim for failure to pay notice pay was struck out because it was filed outside the statutory time limit. The tribunal found it was reasonably practicable for the claimant to have filed on time, as she was able to deal with her dismissal appeal and correspondence with the respondent during the same period.
The holiday pay claim for accrued and unpaid holiday was struck out as it was filed outside the statutory time limit. The tribunal determined it was reasonably practicable for the claimant to have filed on time given her ability to engage with other documentation and processes during the relevant period.
The whistleblowing detriment claim was struck out for being lodged outside the statutory time limit. The tribunal declined to extend time as it found the claimant was reasonably capable of filing on time, evidenced by her ability to correspond with the respondent and ACAS during the relevant period.
The disability discrimination claims (including direct discrimination, discrimination arising from disability, and failure to make reasonable adjustments) were found to be out of time but were not struck out. The tribunal exercised its discretion to extend time on just and equitable grounds. The tribunal found these were complex and significant claims of public interest, evidence cogency would not be affected by the six-month delay, and witnesses would still recall events at the hearing scheduled for July 2023.
Facts
Ms Khaliq was employed by the Department for Work and Pensions from 2002 to 2021 when she was summarily dismissed for gross misconduct. She was a single parent caring for three children with various disabilities and herself suffered from multiple mental health conditions including migraine, anxiety, depression, ADHD and EUPD. Her appeal against dismissal was rejected in July 2021. She contacted ACAS in late July 2021 but did not file her tribunal claim until March 2022, nearly six months late. She alleged disability discrimination related to her own disabilities and her caring responsibilities, as well as unfair dismissal, unlawful deductions, notice pay, holiday pay and whistleblowing detriment.
Decision
The tribunal struck out all claims except disability discrimination for being out of time. The tribunal found that despite the claimant's significant mental health difficulties and caring responsibilities, she was able to engage in extensive correspondence with the respondent and conduct her dismissal appeal during the relevant period, demonstrating it was reasonably practicable to file on time. However, for disability discrimination, the tribunal extended time on just and equitable grounds, finding these were complex claims of public interest with no prejudice to the respondent from the delay.
Practical note
Even where a claimant has significant mental health difficulties, evidence that they were able to engage with other legal processes and correspondence during the relevant limitation period will usually defeat an argument that it was not reasonably practicable to file a tribunal claim on time, though disability discrimination claims may still proceed under the more flexible just and equitable test.
Legal authorities cited
Statutes
Case details
- Case number
- 3201286/2022
- Decision date
- 13 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Secretary of State for Work and Pensions
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 14 years
Claimant representation
- Represented
- No