Claimant v Priory Group / Partnerships in Care Ltd

Struck out as out of time. The tribunal found it was reasonably practicable for the claimant to have presented his claim within the statutory time limit, as he was aware of his dismissal from September 2019 and had no formal proceedings demanding his time until July 2020. His ignorance of his legal rights was found to be unreasonable given his intelligence and computer literacy. Even accounting for mental health issues and personal difficulties from late 2020, the claimant had prioritised other matters and had opportunities to bring claims within time or shortly thereafter.

Struck out as out of time. Tribunal declined to extend time on just and equitable grounds. The 4.5 year delay was excessive, the claimant's ignorance of rights was unreasonable, there was likely degradation of evidence, and the merits of the claim were weak. The claimant named comparators including three black individuals whom he claimed were treated more favourably, which undermined his case that race was the reason for his treatment. The balance of prejudice and public policy in finality of litigation weighed against extending time.

Struck out as out of time. Tribunal declined to extend time on just and equitable grounds for the same reasons as the race discrimination claim. Additionally, the claimant relied on male comparators whom he said were treated more favourably, which undermined his case that his sex was the reason for his treatment. The tribunal found real obstacles to the substantive merits aside from the time limit issue.