Claimant v Summerhill Supplies Limited
Outcome
Individual claims
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 in time. The claim was therefore dismissed.
Although the claim was not presented within the applicable time limit, the tribunal decided it was just and equitable to extend the time limit, allowing the claim to proceed to a full hearing.
Facts
Ms Oronsaye brought claims of constructive dismissal and disability discrimination against Summerhill Supplies Limited. Both claims were presented outside the applicable time limits. This was a preliminary hearing to determine whether the tribunal should exercise its discretion to extend time.
Decision
The tribunal dismissed the constructive dismissal claim on the basis that it was reasonably practicable for the claimant to have presented the claim in time. However, the tribunal exercised its discretion to extend time for the disability discrimination claim on just and equitable grounds, allowing that claim to proceed.
Practical note
The different tests for extending time in unfair dismissal claims (reasonably practicable) versus discrimination claims (just and equitable) can lead to different outcomes even where both claims are out of time.
Legal authorities cited
Case details
- Case number
- 1304273/2024
- Decision date
- 21 February 2025
- Hearing type
- preliminary
- Hearing days
- —
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No