Cases1405473/2023

Claimant v AFK Creators Limited

25 April 2025Before Employment Judge Sarah BowenBristolremote video

Outcome

Claimant fails

Individual claims

Direct Discrimination(disability)struck out

The claim was not presented within the applicable time limit under the Equality Act 2010. The tribunal determined it was not just and equitable to extend the time limit, and therefore dismissed the claim.

Discrimination Arising from Disability (s.15)(disability)struck out

The claim was not presented within the applicable time limit under section 15 of the Equality Act 2010. The tribunal determined it was not just and equitable to extend the time limit, and therefore dismissed the claim.

Facts

Ms Jennings brought claims of direct disability discrimination and discrimination arising from disability against AFK Creators Limited. The claims were presented to the tribunal outside the applicable statutory time limits.

Decision

The tribunal found that the claims were presented outside the applicable time limit and declined to exercise its discretion to extend time on just and equitable grounds. Both discrimination claims were therefore dismissed.

Practical note

Even where discrimination claims have merit, they will be dismissed if presented out of time and the claimant cannot establish that it is just and equitable to extend the limitation period.

Legal authorities cited

Statutes

Equality Act 2010 s.13Equality Act 2010 s.15

Case details

Case number
1405473/2023
Decision date
25 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
media
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No