Cases2302603/2024

Claimant v Boots Management Services Limited

12 March 2025Before Employment Judge HeathLondon Southin person

Outcome

Claimant fails

Individual claims

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

The claim was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend the time limit for bringing the claim.

Constructive Dismissalstruck out

The claim was not presented within the applicable time limit and the tribunal found it was reasonably practicable for the claimant to have presented the claim within time.

Facts

Ms Oakley brought claims of disability discrimination and constructive unfair dismissal against Boots Management Services Limited. The case was heard at a preliminary hearing to consider whether the claims were presented in time. The claimant appeared in person while the respondent was represented by counsel.

Decision

The tribunal dismissed both claims on the basis they were presented outside the applicable time limits. For the disability discrimination claim, the tribunal found it was not just and equitable to extend time. For the constructive unfair dismissal claim, the tribunal found it was reasonably practicable for the claimant to have presented the claim in time.

Practical note

Strict time limits apply to employment tribunal claims and unrepresented claimants face significant risk of dismissal where claims are not filed promptly, particularly as different tests apply for extending time for discrimination versus unfair dismissal claims.

Case details

Case number
2302603/2024
Decision date
12 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No