Claimant v Whitbread Group Plc
Outcome
Individual claims
This was a preliminary hearing on time limits only. The tribunal determined it was just and equitable to extend time for the race discrimination claim relating to the interview process on 21-30 December 2023, accepting the claimant's evidence that her ADHD affected her ability to meet the deadline. The claim will now proceed to a full merits hearing.
Facts
The claimant was interviewed by Whitbread and had a trial shift on 21 December 2023. She was advised on 30 December 2023 that her application was unsuccessful. She claims race discrimination relating to the interview process. She contacted ACAS on 11 March 2024 and conciliation ended 22 April 2024. She filed her claim on 11 June 2024, 20 days after the 22 May 2024 deadline. The claimant has ADHD diagnosed on 20 February 2024.
Decision
The tribunal accepted the claimant's evidence that her ADHD caused her to become confused about the filing deadline, despite knowing what it was. Given the short 20-day delay, the absence of forensic prejudice to the respondent, and the prejudice to the claimant of losing her claim entirely, the tribunal extended time on just and equitable grounds to 11 June 2024.
Practical note
Tribunals may extend time limits in discrimination cases where a claimant's disability (such as ADHD) genuinely affected their ability to meet deadlines, particularly where the delay is short and there is no forensic prejudice to the respondent.
Legal authorities cited
Statutes
Case details
- Case number
- 3305875/2024
- Decision date
- 30 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No