Claimant v City of Bradford Metropolitan District Council
Outcome
Individual claims
All claims were dismissed as out of time. The tribunal found the claimant could and should have issued her claim from 23 October 2023 when the grievance process concluded, but did not do so until 14 February 2024. Despite the claimant's disability (ADHD), domestic abuse circumstances, and work-related stress, the tribunal was not satisfied these factors prevented her from filing in time, particularly given the absence of medical evidence supporting her inability to claim.
Facts
The claimant's employment with a local council ended on 14 April 2023. She did not apply for ACAS early conciliation until 22 January 2024 and filed her claim on 14 February 2024, approximately 10 months after termination. She attributed the delay to her ADHD disability, domestic abuse from her spouse (most serious incidents ending July 2023), and work-related stress. The respondent's grievance process concluded on 23 October 2023. The claimant provided a witness statement but was unable to provide medical evidence supporting her inability to file the claim on time.
Decision
The tribunal dismissed all claims as out of time. The judge found that from 23 October 2023 onwards, when the grievance process ended, the claimant could and should have issued her claim but failed to do so until 14 February 2024. Despite the claimant's personal difficulties, the tribunal was not satisfied these prevented her from filing, particularly given the absence of medical evidence. The claimant disconnected from the video hearing when the judge indicated the likely outcome.
Practical note
Even with disability and difficult personal circumstances, claimants must provide medical or other cogent evidence demonstrating why time limits could not be met, particularly where a significant period passes after the most acute circumstances have ended.
Case details
- Case number
- 6000473/2024
- Decision date
- 11 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No