Claimant v Fedcap Employment Limited
Outcome
Individual claims
The unfair dismissal complaint was dismissed as it was presented out of time. The tribunal found it did not have jurisdiction to hear the claim as it was beyond the statutory time limit.
The tribunal allowed the claimant's application to amend the claim to include a failure to make reasonable adjustments complaint under sections 20 and 21 of the Equality Act 2010. The tribunal determined this claim was not out of time and will proceed to a full hearing.
Facts
This was a preliminary hearing concerning time limits and an amendment application. The claimant brought an unfair dismissal claim and sought to amend to add a failure to make reasonable adjustments claim under the Equality Act 2010. The respondent objected to the amendment and argued the unfair dismissal claim was out of time.
Decision
The tribunal allowed the amendment to add the reasonable adjustments claim and found it was in time. However, the unfair dismissal claim was dismissed as out of time. The reasonable adjustments claim will proceed to a full merits hearing.
Practical note
A tribunal may allow an amendment to add a discrimination claim even where an initial unfair dismissal claim is out of time, provided the new claim falls within the extended time limits applicable to discrimination claims.
Legal authorities cited
Statutes
Case details
- Case number
- 6009235/2024
- Decision date
- 5 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No