Claimant v South Lanarkshire Council
Outcome
Individual claims
Claim is proceeding to final hearing. This preliminary hearing addressed only jurisdictional and procedural issues, not the merits of the constructive dismissal claim.
Multiple allegations of direct age discrimination are proceeding to final hearing. Tribunal granted amendment to add new allegation relating to failure to give claimant certain work from August 2022 to November 2023. Time bar issues to be determined at final hearing.
Claims relating to alleged harassment on 5 February 2015 and 3 April 2019 were struck out as out of time (9 and 5 years late respectively). Tribunal refused to extend time on just and equitable grounds, finding claimant chose not to pursue claims earlier and significant delay would prejudice quality of evidence.
Claim of protected disclosure detriment is proceeding to final hearing. Time bar issues deferred to final hearing to determine whether there was an act continuing over a period.
Facts
The claimant, employed by the respondent council since 2007, brought claims of constructive dismissal, age discrimination, and whistleblowing detriment in April 2024. After extensive case management to clarify the claims, the respondent raised jurisdictional issues regarding a new allegation of direct age discrimination (relating to work allocation from August 2022 to November 2023) and two harassment allegations from February 2015 and April 2019. The claimant explained he had not raised the harassment claims earlier because he considered them 'relatively minor' and wanted to get on with his job.
Decision
The tribunal allowed the claimant's application to amend his claim to add the new direct age discrimination allegation, finding the balance of prejudice favoured the claimant despite the late application. However, it struck out the harassment claims as out of time (9 and 5 years late), refusing to extend time on just and equitable grounds because the claimant had chosen not to pursue them earlier and the significant delay would prejudice the quality of evidence.
Practical note
Tribunals will apply Selkent principles generously to allow amendments adding related allegations even when brought late, but long-delayed harassment claims will be struck out where the claimant made a conscious choice not to pursue them earlier and cannot demonstrate why a time extension would be just and equitable.
Legal authorities cited
Statutes
Case details
- Case number
- 8000554/2024
- Decision date
- 9 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- South Lanarkshire Council
- Sector
- local government
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No