Cases2306493/2024

Claimant v London General Transport Services Limited (T/A Go Ahead London)

7 March 2025Before Employment Judge AbbottLondon Southremote video

Outcome

Claimant fails

Individual claims

Constructive Dismissalstruck out

Claim was one day out of time (filed 30 August 2024 instead of 29 August 2024). Claimant failed to provide any evidence that it was not reasonably practicable to present the claim within the primary time limit. The tribunal had no basis to conclude it was not reasonably practicable and therefore had no jurisdiction to hear the claim.

Breach of Contractstruck out

Notice pay claim was one day out of time. Applying the same test as for unfair dismissal, the claimant failed to show it was not reasonably practicable to present the claim in time. The tribunal therefore had no jurisdiction to hear the claim.

Direct Discrimination(pregnancy)struck out

Allegations dated back to 2022 and were years out of time. Claimant provided no reason for the delay either in the claim form or in advance of the hearing. Given the extreme length of delay, staleness of the claim, prejudice to the respondent (faded memories, deleted emails under 12-month retention policy), and absence of any explanation, the tribunal concluded it was not just and equitable to extend time.

Direct Discrimination(pregnancy)struck out

Even allegations from 2023-2024 were many months out of time. The tribunal found the lack of any reason advanced for the delay to be a very weighty factor against the claimant. Despite claimant having trade union support and being able to bring an internal grievance in 2024, no explanation was given for failure to bring timely tribunal claims. Not just and equitable to extend time.

Facts

The claimant resigned without notice on 14 May 2024, presumably alleging constructive dismissal. She had been on maternity leave returning in March 2022, and alleged pregnancy/maternity discrimination from 2022 onwards. She also mentioned incidents in 2023-2024 including a grievance against a union rep decided in April 2024. She began ACAS early conciliation on 23 July 2024, received her certificate on 29 July 2024, but did not file her claim until 30 August 2024. The claimant failed to attend the preliminary hearing on time limits, requesting a postponement on the morning of the hearing citing her father's long-term ill health, but providing no supporting evidence.

Decision

The tribunal refused the postponement request and proceeded in the claimant's absence. All claims were dismissed for being out of time. The unfair dismissal and breach of contract claims were one day late and the claimant failed to show it was not reasonably practicable to file in time. The Equality Act claims relating to pregnancy/maternity discrimination were years out of time (dating back to 2022), and the tribunal found it not just and equitable to extend time given the extreme delay, lack of any explanation, and prejudice to the respondent.

Practical note

Even a one-day delay in filing unfair dismissal claims can be fatal if the claimant cannot show it was not reasonably practicable to file in time, and pregnancy discrimination claims dating back years will not be saved by the just and equitable discretion without compelling reasons for the delay.

Legal authorities cited

Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] ICR 1194Robertson v Bexley Community Centre [2003] IRLR 434Keeble v British Coal Corporation [1997] IRLR 336Southwark London Borough Council v Afolabi [2003] EWCA Civ 15

Statutes

Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 Article 7Equality Act 2010 s.123(1)ERA 1996 s.111(2)ERA 1996 s.207B

Case details

Case number
2306493/2024
Decision date
7 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No