Claimant v FDM Group Limited
Outcome
Individual claims
Claim was presented 6-10 months out of time. Claimant was aware of his right to claim and time limits by April 2023 but failed to present claim. No satisfactory explanation for delay. Tribunal found it was not just and equitable to extend time, dismissing the claim for lack of jurisdiction.
Facts
The claimant was employed by FDM Group from October 2021 and assigned to work at Citibank from January 2022. Citibank terminated his placement in February 2023 due to performance concerns dating back to 2022. FDM then terminated his employment in March 2023. The claimant sought advice from his union and CAB in March/April 2023 but did not present his disability discrimination claim until February 2024, 6-10 months out of time. He blamed delays in receiving information from subject access requests and his father's ill health.
Decision
The tribunal refused to extend time on just and equitable grounds. The claimant was aware of his right to claim and time limits by April 2023 but failed to provide a satisfactory explanation for the 6-10 month delay. The tribunal found he had not been prevented from claiming by his father's illness or delays in obtaining documents, and that both respondents would suffer forensic prejudice given the claim related to events dating back to 2022. The claims were dismissed for lack of jurisdiction.
Practical note
A litigant in person who seeks legal advice from a union and CAB before the time limit expires will struggle to persuade a tribunal to extend time many months later, particularly where they cannot identify what information prevented them from claiming on time and the respondents face forensic prejudice due to the age of the events.
Legal authorities cited
Statutes
Case details
- Case number
- 2301890/2024
- Decision date
- 7 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Graduate placement
- Service
- 1 years
Claimant representation
- Represented
- No