Cases2305973/2024

Claimant v King's College London

8 May 2025Before Employment Judge T PerryLondon Centralon papers

Outcome

Claimant fails

Individual claims

Otherfailed

The original claim failed on time limit grounds. The tribunal found the claimant was out of time to bring the claim relating to changes to his role. Despite being aware of the changes from October 2023 and raising a grievance then, the claimant did not seek legal advice or bring a claim promptly. The reconsideration application was refused as it had no reasonable prospect of success and added nothing to arguments already considered.

Facts

The claimant brought a claim relating to changes to his role at King's College London. He had raised a grievance about the role changes in October 2023 and received a draft job description in July 2024. The original tribunal judgment dismissed his claim as out of time. The claimant applied for reconsideration on 28 April 2025, arguing various grounds including when he became aware of the changes, his internet searches, HR advice he received, and that Hogg v Dover College type claims are not widely known.

Decision

Employment Judge Perry refused the reconsideration application, finding it had no reasonable prospect of success. The judge held that all the points raised had already been considered in the original judgment. The tribunal had applied Palmer v Southend-on-Sea principles and found that despite the claimant being told by HR the changes were allowed, the extent of delays and failure to seek advice earlier meant time limits could not be extended.

Practical note

Claimants must act promptly when aware of potential employment law claims, even if HR advises the employer's actions are lawful, as tribunals will not readily extend time limits where there have been significant delays and failures to seek legal advice.

Legal authorities cited

Palmer v Southend-on-Sea Borough Council [1984] IRLR 119Humby v Barts Health NHS Trust [2024] EAT 17Hogg v Dover College

Case details

Case number
2305973/2024
Decision date
8 May 2025
Hearing type
reconsideration
Hearing days
Classification
procedural

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No