Cases6002477/2024

Claimant v Hyde Housing Association Limited

4 June 2025Before Employment Judge LumbyLondon Southremote video

Outcome

Partly successful

Individual claims

Unfair Dismissalstruck out

The complaint was not presented within the applicable time limit and the tribunal found it was reasonably practicable to do so. The claim was therefore dismissed for being out of time.

Direct Discriminationnot determined

The complaints of discrimination arising from the claimant's dismissal were out of time but the tribunal found it just and equitable to extend the time limit. These claims will proceed to a final hearing.

Victimisationnot determined

The complaints of victimisation arising from the claimant's dismissal were out of time but the tribunal found it just and equitable to extend the time limit. These claims will proceed to a final hearing.

Facts

Ms Wynter was dismissed by Hyde Housing Association Limited and brought claims of unfair dismissal, discrimination and victimisation. All claims were presented outside the applicable time limits. This was a preliminary hearing to determine whether the tribunal should hear the claims despite them being out of time.

Decision

The tribunal dismissed the unfair dismissal claim as it was out of time and it was reasonably practicable to have brought it in time. However, the tribunal extended time on just and equitable grounds for the discrimination and victimisation claims arising from dismissal, allowing those to proceed to a full hearing.

Practical note

A self-represented claimant may succeed in having discrimination claims heard despite missing time limits if just and equitable factors apply, but unfair dismissal claims face a stricter 'reasonably practicable' test.

Legal authorities cited

Case details

Case number
6002477/2024
Decision date
4 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No