Claimant v Secretary of State for Justice
Outcome
Individual claims
The complaint was not presented within the applicable time limit. The tribunal found it was reasonably practicable to present the claim in time, and even if it was not, the claim was not brought within a further reasonable period.
The complaint was not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend the time limit.
The complaint was not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend the time limit.
The complaint was not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend the time limit.
The complaint was not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend the time limit.
Facts
Ms Winter-Smith, a self-represented claimant, brought claims of unfair dismissal and discrimination on grounds of age, gender reassignment, sexual orientation and disability against the Secretary of State for Justice. All claims were presented outside the applicable time limits. This was a preliminary hearing to determine the time limit issues.
Decision
The tribunal dismissed all claims on time limit grounds. The unfair dismissal claim failed because it was reasonably practicable to bring it in time and it was not brought within a further reasonable period. The discrimination claims failed because the tribunal did not find it just and equitable to extend time.
Practical note
Unrepresented claimants face significant risks when missing time limits, as tribunals apply strict tests and will dismiss claims at preliminary hearings without considering the merits if time limits are not met and extensions are not justified.
Legal authorities cited
Case details
- Case number
- 1401438/2024
- Decision date
- 8 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Secretary of State for Justice
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No