Claimant v Cygnet Behavioural Health Limited
Outcome
Individual claims
Claim presented out of time. The tribunal found it was reasonably practicable for the claim to have been presented in time, therefore no jurisdiction to determine it.
Complaint of detriment for making protected disclosures was presented out of time. The tribunal found it was reasonably practicable for the claim to have been presented in time, therefore no jurisdiction to determine it.
Claim presented out of time. The tribunal found it was reasonably practicable for the claim to have been presented in time, therefore no jurisdiction to determine it.
Complaint presented out of time and tribunal found it was not just and equitable to extend the time limit, therefore no jurisdiction to determine it.
Complaint presented out of time and tribunal found it was not just and equitable to extend the time limit, therefore no jurisdiction to determine it.
Complaint of harassment on grounds of race presented out of time and tribunal found it was not just and equitable to extend the time limit, therefore no jurisdiction to determine it.
Complaint of harassment on grounds of sex presented out of time and tribunal found it was not just and equitable to extend the time limit, therefore no jurisdiction to determine it.
Complaint presented out of time and tribunal found it was not just and equitable to extend the time limit, therefore no jurisdiction to determine it.
Facts
The claimant brought multiple claims against a healthcare provider including automatic unfair dismissal for whistleblowing, discrimination on grounds of race and disability, harassment on grounds of race and sex, victimisation, wrongful dismissal and failure to provide written reasons. All claims were presented outside the statutory time limits. This was a preliminary hearing to determine jurisdiction on time limit grounds.
Decision
The tribunal dismissed all claims for want of jurisdiction. For the non-discrimination claims (whistleblowing dismissal, detriment, wrongful dismissal), the tribunal found it was reasonably practicable for them to have been presented in time. For the discrimination claims, the tribunal found it was not just and equitable to extend time. The tribunal also held it had no jurisdiction over claims under s.14 Equality Act 2010 or the Health & Safety at Work Act 1974.
Practical note
Claimants must comply strictly with time limits - the tribunal will not extend time for discrimination claims unless it is just and equitable to do so, and will dismiss other claims if it was reasonably practicable to present them in time.
Legal authorities cited
Statutes
Case details
- Case number
- 1604158/2024
- Decision date
- 4 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep