Claimant v Aberdeen City Council

Tribunal found it was reasonably practicable for claimant to submit claim in time. Claimant was represented by union throughout, aware of right to go to tribunal, but did not start ACAS conciliation until 24 September 2024, approximately 20 days after the three-month deadline expired from 5 June 2024. No good reason for delay. Claim struck out as time-barred.

Tribunal found claim time-barred. Claimant did not start early conciliation until 20 days after the three-month deadline. Tribunal declined to exercise 'just and equitable' discretion: no good reason for delay, severe prejudice to respondent given claims span many years and involve around 40 witnesses, and claimant's union believed she did not have a case.

Tribunal found claim time-barred. Claimant did not start early conciliation until 20 days after the three-month deadline. Tribunal declined to exercise 'just and equitable' discretion: no good reason for delay, severe prejudice to respondent given claims span many years, and claimant provided minimal particulars of age discrimination (only stated she was 58 years old).

Claim in time. Tribunal found claim had little reasonable prospect of success: disciplinary process conducted appropriately, no disciplinary action taken, and suggestion of informal counselling by line manager highly unlikely to constitute repudiatory breach of contract. However, tribunal could not rule out completely that claimant might show suggestion was entirely unwarranted. Claim not struck out but deposit order of £250 made.