Cases3305761/2024

Claimant v Breckland Council

28 March 2025Before Employment Judge LaidlerEast of Englandremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was received significantly out of time on 10 June 2024. The tribunal found it was reasonably practicable for the claim to have been presented in time and therefore dismissed the claim for being out of time.

Direct Discrimination(race)struck out

The claim was received significantly out of time on 10 June 2024. The tribunal found it was not just and equitable to extend the time limit and therefore dismissed the claim for being out of time.

Facts

Ms Rajta brought claims of unfair dismissal and race discrimination against Breckland Council. The claim was filed on 10 June 2024 and was significantly out of the statutory time limits for both claims. The hearing was a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claims.

Decision

The tribunal dismissed both claims as being out of time. For unfair dismissal, the tribunal found it was reasonably practicable to have presented the claim in time. For race discrimination, the tribunal found it was not just and equitable to extend the time limit.

Practical note

Claimants must comply with strict time limits: unfair dismissal claims within 3 months less one day, and discrimination claims where the tribunal will only extend time if just and equitable to do so.

Legal authorities cited

Case details

Case number
3305761/2024
Decision date
28 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No