Claimant v DX Network Services Limited
Outcome
Individual claims
Respondent applied to strike out the age discrimination claim as out of time. The tribunal refused the strike-out application and decided that the time limit issue will be determined at the final hearing.
The tribunal found that while it was not reasonably practicable for the claimant to present the claim within the applicable time limit, the claim was not presented within a further reasonable period thereafter. The claim was therefore dismissed as out of time.
Facts
Ms G Brown brought claims of constructive unfair dismissal and age discrimination against DX Network Services Limited. The respondent applied to strike out the age discrimination claim on time limit grounds. The claimant was represented by her daughter, Ms S Buck, while the respondent was represented by counsel, Ms A Arya. This was a preliminary hearing to determine time limit issues.
Decision
The tribunal refused to strike out the age discrimination claim and decided that the time limit issue would be determined at the final hearing. However, the constructive unfair dismissal claim was dismissed as out of time - while the tribunal accepted it was not reasonably practicable to present the claim in time, it found the claim was not presented within a further reasonable period.
Practical note
Even where a tribunal accepts that it was not reasonably practicable for a claimant to present an unfair dismissal claim in time, the claim can still be dismissed if it was not presented within a further reasonable period thereafter.
Legal authorities cited
Case details
- Case number
- 3315231/2023
- Decision date
- 28 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep