Cases6001654/2024

Claimant v Dove Dental Care Limited

7 February 2025Before Employment Judge PhillipsNottinghamin person

Outcome

Claimant fails

Individual claims

Discrimination Arising from Disability (s.15)(disability)struck out

The claim was brought out of time and the tribunal did not consider it just and equitable to extend the time limit under the discretionary provisions of the Equality Act 2010. The claim was therefore dismissed on jurisdictional grounds.

Facts

Ms Petersen brought a claim for disability discrimination against her former employer Dove Dental Care Limited. The claim was brought out of time. The tribunal held a preliminary hearing to determine whether it was just and equitable to extend the time limit. The claimant represented herself while the respondent was represented by a solicitor.

Decision

The tribunal dismissed the disability discrimination claim because it was brought out of time and the tribunal did not consider it just and equitable to extend the time limit. The claim therefore failed on jurisdictional grounds without the merits being considered.

Practical note

Unrepresented claimants bringing discrimination claims must be aware of the strict time limits, and even where the tribunal has discretion to extend time on just and equitable grounds, an extension is not automatic and requires compelling reasons.

Legal authorities cited

Statutes

Equality Act 2010

Case details

Case number
6001654/2024
Decision date
7 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No