Claimant v City of Edinburgh Council
Outcome
Individual claims
This was a preliminary hearing on time limits only. The tribunal found it had jurisdiction to hear the claim as it was just and equitable to extend time, given the claimant was advised by respondent's HR to await grievance outcome before filing, the claimant was receiving cancer treatment during employment, and prejudice to respondent was limited. The substantive merits remain to be determined.
Facts
The claimant's employment with Edinburgh Council ended on 30 June 2024. She did not contact ACAS until 10 February 2025 and filed her disability discrimination claim on 19 February 2025, well outside the three-month time limit. The claimant was receiving cancer treatment during her employment. She gave evidence that respondent's HR staff advised her to wait for the outcome of her grievance before filing a claim, and she was only informed of that outcome on 17 February 2025. The respondent was aware during this period that the claimant intended to bring a claim.
Decision
The tribunal extended time on just and equitable grounds to 19 February 2025, giving it jurisdiction to hear the claim. The tribunal found that the prejudice to the respondent was limited given they knew of the intended claim and the delay was caused by their own HR advice. The prejudice to the claimant of being denied access to justice outweighed any prejudice to the respondent. The respondent chose not to contest the time limit issue after the first hearing.
Practical note
Employers who advise employees to delay tribunal claims pending internal processes may find it difficult to successfully argue time bar, particularly where the claimant has a disability and the employer was aware of the intended claim throughout.
Legal authorities cited
Statutes
Case details
- Case number
- 8000422/2025
- Decision date
- 29 May 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- local government
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No