Cases2402859/2024

Claimant v JD Wetherspoon PLC

13 February 2025Before Employment Judge ShotterLiverpool

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)dismissed

The tribunal did not have jurisdiction to consider the complaint because it was presented after the end of the relevant time limit and the tribunal found it was not just and equitable to extend the time limit.

Facts

Mr Hogan brought a disability discrimination complaint against JD Wetherspoon PLC. The claim was presented to the tribunal after the statutory time limit had expired. A preliminary hearing was held to determine whether the tribunal had jurisdiction to hear the complaint and whether time should be extended.

Decision

The tribunal dismissed the claim on the basis that it did not have jurisdiction to consider it. The complaint was presented out of time and the tribunal found it was not just and equitable to extend the time limit under the Equality Act provisions.

Practical note

Claimants must strictly observe time limits for bringing disability discrimination claims, as tribunals will dismiss claims presented late unless exceptional circumstances make it just and equitable to extend time.

Legal authorities cited

Case details

Case number
2402859/2024
Decision date
13 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
hospitality
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No