Claimant v National Highways Limited
Outcome
Individual claims
Claim was dismissed upon withdrawal. Claimant does not allege that dismissal was by reason of redundancy.
Claim was initially out of time but tribunal found it was not reasonably practicable to present in time and it was presented within a further reasonable time. Claim will proceed to full hearing.
Claim was initially out of time but tribunal found it was not reasonably practicable to present in time and it was presented within a further reasonable time. Claim will proceed to full hearing.
Claim was initially out of time but tribunal found it was not reasonably practicable to present in time and it was presented within a further reasonable time. Claim will proceed to full hearing.
Complaint regarding alleged refusal to make ex gratia payment was not pursued and was dismissed upon withdrawal.
Facts
Ms Naranjan was employed by National Highways Ltd until her dismissal on 30 June 2022. She did not file her claim by the time limit of 29 September 2022. She brought claims for unfair dismissal, breach of contract, unauthorised deduction from wages, and unspecified Equality Act claims. She also initially brought claims for redundancy payment and regarding an alleged refusal to make an ex gratia payment, but these were withdrawn.
Decision
This was a preliminary hearing on jurisdiction and time limits. The tribunal found that while the claims were out of time, it was not reasonably practicable for the non-discrimination claims to be filed in time and they were filed within a further reasonable period. For the Equality Act claims, the tribunal found it just and equitable to extend time. The unfair dismissal, breach of contract, unlawful deduction and Equality Act claims will proceed to a full hearing.
Practical note
Tribunals retain discretion to extend time limits where it was not reasonably practicable to file in time (for ordinary claims) or where it is just and equitable (for discrimination claims), allowing meritorious claims to proceed despite late filing.
Legal authorities cited
Statutes
Case details
- Case number
- 3300521/2023
- Decision date
- 14 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No