Claimant v Pladis (UK) Limited
Outcome
Individual claims
Respondent applied to strike out the indirect race discrimination claim on the basis it had no reasonable prospect of success due to being presented outside the three-month primary time limit. The tribunal refused the strike-out application, finding the claimant had better than no reasonable prospect of persuading a tribunal at final hearing to extend time on just and equitable grounds. The claim relates to the respondent's alleged provision, criterion or practice of not accepting Polish sick certificates in 2022, which allegedly placed the claimant at a disadvantage. The substantive claim remains to be determined.
Facts
The claimant, a Polish national, provided Polish sick certificates to her employer in 2022 and was not paid sick pay because the respondent allegedly applied a provision, criterion or practice of not accepting Polish sick certificates. The claimant was eventually paid retrospectively in September 2022 after providing a UK sick note. Her employment ended in May 2024. She commenced ACAS early conciliation in June 2024 and filed her claim in August 2024, alleging indirect race discrimination. The respondent applied to strike out the claim as being substantially out of time.
Decision
Employment Judge T Brown refused the respondent's application to strike out the claim. The judge found that the claimant had more than a fanciful prospect of persuading an employment tribunal at a final hearing to extend time on just and equitable grounds. The judge noted the claimant's ill health, her concerns about bringing a claim while employed, the lack of evident forensic prejudice to the respondent, and the wide discretion afforded to tribunals on the just and equitable test.
Practical note
A strike-out application for time-bar issues in discrimination claims faces a high threshold where the tribunal has wide discretion under the just and equitable test, particularly where there is no clear forensic prejudice to the respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 6008996/2024
- Decision date
- 20 May 2025
- Hearing type
- preliminary
- Hearing days
- 0.375
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep