Claimant v Fedcap Employment Scotland Limited
Outcome
Individual claims
Claim struck out as time-barred. The tribunal found the claimant failed to demonstrate it was not reasonably practicable to file on time. She was capable, had internet access, knowledge of time limits, and opportunities to file despite caring for her husband. She chose to prioritise other matters.
Claim struck out as time-barred. The tribunal found the claimant failed to demonstrate it was just and equitable to extend time. Although she had caring responsibilities and her own health issues, she was capable and had opportunities to file within the deadline but chose not to prioritise it.
Facts
The claimant was dismissed on capability grounds due to ill health on 17 June 2024. She had a long-standing heart condition and lost her hair due to medication, impacting her mental health. She was supported by UNISON at dismissal and appeal meetings. Her husband suffered serious spinal injuries and multiple falls requiring intensive care. She filed her ET claim on 11 December 2024, 19 days after the extended deadline of 22 November 2024. She stated she forgot to file because she was focused on caring for her severely disabled husband.
Decision
The tribunal dismissed both the unfair dismissal and disability discrimination claims as time-barred. The tribunal found the claimant was a capable person with internet access and knowledge of time limits who had opportunities to file on time despite her husband's health issues and her own anxiety. She chose to prioritise other matters and this did not make it not reasonably practicable to file, nor was it just and equitable to extend time.
Practical note
Even sympathetic personal circumstances (caring for a seriously ill spouse, own mental health issues) will not save a late claim where the claimant was objectively capable of filing on time and chose to prioritise other matters.
Legal authorities cited
Statutes
Case details
- Case number
- 8002100/2024
- Decision date
- 30 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Adviser
Claimant representation
- Represented
- No