Cases→2306578/2023

Claimant v Surrey County Council

5 February 2025Before Employment Judge L WilsonLondon Southremote video

Outcome

Claimant fails

Individual claims

Constructive Dismissalstruck out

The claim was not presented within the applicable time limit. The tribunal found it was reasonably practicable for the claimant to have presented the claim within time, and therefore dismissed it.

Wrongful Dismissalstruck out

The claim for wrongful dismissal (notice pay) was not presented within the applicable time limit. The tribunal found it was reasonably practicable to do so and dismissed the claim.

Failure to Make Reasonable Adjustments(disability)struck out

The complaint was presented out of time and the tribunal determined it was not just and equitable to extend the time limit under the Equality Act 2010.

Harassment(disability)struck out

The complaint of harassment relating to disability was presented out of time and the tribunal found it not just and equitable to extend the time limit.

Direct Discrimination(sex)struck out

The complaint of direct sex discrimination was presented out of time and the tribunal determined it was not just and equitable to extend the time limit.

Facts

Mr Sidell brought claims against Surrey County Council including constructive unfair dismissal, wrongful dismissal, failure to make reasonable adjustments, harassment relating to disability, and direct sex discrimination. The case was heard as a preliminary hearing to determine whether the claims were presented within the applicable time limits.

Decision

The tribunal dismissed all claims on time limit grounds. For the unfair dismissal and wrongful dismissal claims, the tribunal found it was reasonably practicable for the claimant to have presented them in time. For the discrimination claims, the tribunal found it was not just and equitable to extend the time limits.

Practical note

Time limits remain a critical jurisdictional issue in employment tribunals, and claimants must act promptly as tribunals will not automatically extend time even where represented by counsel.

Legal authorities cited

Statutes

Employment Rights Act 1996Equality Act 2010

Case details

Case number
2306578/2023
Decision date
5 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Surrey County Council
Sector
local government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister
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