Claimant v North Northamptonshire Council
Outcome
Individual claims
The complaint was not presented within the applicable time limit, and the tribunal found it was reasonably practicable for the claimant to have presented the claim in time. Accordingly, the tribunal had no jurisdiction to hear this complaint and it was dismissed.
The complaint was presented within such period as the Employment Judge thinks just and equitable under section 123(2)(b) of the Equality Act 2010. The claim will therefore proceed to a full merits hearing.
Facts
Mr Blakey brought claims of unfair dismissal and failure to make reasonable adjustments against North Northamptonshire Council. A preliminary hearing was held remotely to determine whether the claims were presented within the applicable time limits. The claimant appeared in person, assisted by Mrs Blakey, while the respondent was represented by a solicitor.
Decision
The tribunal dismissed the unfair dismissal claim as it was not presented within the applicable time limit and it was reasonably practicable to have done so. However, the failure to make reasonable adjustments claim was allowed to proceed as the judge exercised discretion under the just and equitable test in section 123(2)(b) of the Equality Act 2010.
Practical note
Different time limit tests apply to unfair dismissal (reasonable practicability) and disability discrimination claims (just and equitable extension), making it possible for one claim to be dismissed on time limits while another proceeds.
Legal authorities cited
Statutes
Case details
- Case number
- 3313507/2023
- Decision date
- 11 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No