Claimant v Hinduja Global Solutions UK Limited
Outcome
Individual claims
The claim was presented out of time on 10 May 2024 and the tribunal determined it was not just and equitable to extend time under Section 123(a) of the Equality Act 2010, therefore the tribunal had no jurisdiction. In the alternative, the claim was struck out under Rule 38(1)(a) as having no reasonable prospect of success.
Facts
Mr Cain brought a claim of disability discrimination against his former employer Hinduja Global Solutions UK Limited. The claim was filed on 10 May 2024. This was a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claim and whether it had reasonable prospects of success.
Decision
The tribunal dismissed the claim on two grounds: first, it was presented out of time and the tribunal declined to extend time on just and equitable grounds under Section 123(a) of the Equality Act 2010, meaning the tribunal had no jurisdiction; second, alternatively, the claim was struck out under Rule 38(1)(a) as having no reasonable prospect of success.
Practical note
Claimants in disability discrimination cases must ensure claims are filed within time limits, as tribunals will not automatically extend time even where discrimination is alleged, and unrepresented claimants face particular risks of having claims struck out on jurisdictional grounds.
Legal authorities cited
Statutes
Case details
- Case number
- 2402792/2024
- Decision date
- 9 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No