Claimant v Hexagon Care Services Limited

Claimant confirmed at hearing she did not pursue her dismissal as direct disability discrimination and no direct discrimination claim was pursued. All other discrimination allegations related to events on or before November 2022 and were significantly out of time with no reasonable prospect of establishing a continuing act or securing a just and equitable extension.

All harassment allegations related to events on or before November 2022 (except one in February 2023 not included in first claim form). Tribunal found no reasonable prospect of establishing a continuing act linking these events, and no reasonable prospect of being granted extension of time due to length of delay, lack of persuasive explanation, prejudice to respondent from faded witness recollections, and claimant's failure to include most recent allegation in first claim.

Employment Judge Horne refused claimant's application to amend to include reasonable adjustments claim in August 2024. Subsequently dismissed on withdrawal at hearing before Employment Judge Shotter on 5 March 2025. Claimant's later attempt to reinstate was refused as withdrawal is final and interests of justice require finality in litigation.

Respondent's strike-out application refused. There was a genuine dispute of fact regarding effective date of termination which, if resolved in claimant's favour, would bring claim in time. Respondent's alternative argument that claimant had previously withdrawn unfair dismissal claim was rejected as previous claim was made and withdrawn in error before any dismissal occurred. Claim proceeding to full hearing.