Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
Claim of discrimination arising from disability under Section 15 of the Equality Act 2010 was presented out of time on 19 July 2024. The tribunal found it was not just and equitable to extend the time limit, and therefore had no jurisdiction to hear the claim.
Claim under Sections 20 and 21 of the Equality Act 2010 for failure to make reasonable adjustments was presented out of time on 19 July 2024. The tribunal found it was not just and equitable to extend the time limit, and therefore had no jurisdiction to hear the claim.
Facts
Mrs Garrow brought claims of disability discrimination and failure to make reasonable adjustments against the Department of Work and Pensions. The claim form was presented on 19 July 2024, but was out of time for the acts complained of. This was a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claims.
Decision
The tribunal found that the claims were presented out of time and it was not just and equitable to extend time. The tribunal therefore had no jurisdiction to hear the claims and struck them out on this basis.
Practical note
Time limits in discrimination cases are strictly enforced and claimants must present compelling reasons for the tribunal to exercise its discretion to extend time on just and equitable grounds.
Legal authorities cited
Statutes
Case details
- Case number
- 6006154/2024
- Decision date
- 19 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No