Claimant v Sapcote Parish Council
Outcome
Individual claims
The claim was not presented in time and the tribunal found it was reasonably practicable to have presented the claim in time. The tribunal therefore has no jurisdiction to hear it.
The claim was not presented in time but the tribunal exercised its discretion to extend time on just and equitable grounds. The claim will proceed to a full hearing on the merits.
The claim was not presented in time but the tribunal exercised its discretion to extend time on just and equitable grounds. The tribunal also found the claimant was disabled at the material time with impairments affecting information processing, unfamiliar situations, social interactions, and sensory perceptions. The claim will proceed to a full hearing on the merits.
Facts
Ms Preston was employed by Sapcote Parish Council and brought claims for unfair dismissal, sex discrimination, and disability discrimination. All claims were presented out of time. The claimant has a physical or mental impairment affecting her ability to process long emails, cope with unfamiliar situations, handle unplanned social interactions, and manage sensory perceptions.
Decision
The tribunal dismissed the unfair dismissal claim as out of time, finding it was reasonably practicable to present in time. However, the tribunal extended time on just and equitable grounds for the sex and disability discrimination claims, finding the claimant was disabled at the relevant time. These claims will proceed to a full merits hearing.
Practical note
Tribunals have broader discretion to extend time for discrimination claims under the just and equitable test than for unfair dismissal claims under the reasonably practicable test.
Case details
- Case number
- 6002158/2024
- Decision date
- 25 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- No
Claimant representation
- Represented
- No