Claimant v Govia Thameslink Railway Limited
Outcome
Individual claims
Claim relating to Henry Laws harassing the claimant on 26 April 2021 in the shunters lobby was presented out of time and the tribunal decided it would not be just and equitable to extend time for this claim.
Claim relating to Didier Perrine harassing the claimant on 4 & 9 February 2021 through messages was presented out of time but the tribunal decided it was just and equitable to extend time; claim will proceed to final hearing.
Claim relating to Kevin Murphy harassing the claimant in or around the week of 26 April 2021 by assaulting her was presented out of time but the tribunal decided it was just and equitable to extend time; claim will proceed to final hearing.
Facts
The claimant brought three harassment claims against colleagues at Govia Thameslink Railway relating to incidents in February and April 2021. One involved Henry Laws in the shunters lobby on 26 April 2021, another involved messages sent by Didier Perrine on 4 & 9 February 2021, and a third involved an alleged assault by Kevin Murphy in the week of 26 April 2021. All claims were presented out of the statutory time limit.
Decision
The tribunal dismissed the Henry Laws harassment claim as out of time, deciding it would not be just and equitable to extend time. However, it allowed the Didier Perrine and Kevin Murphy harassment claims to proceed to a final hearing, finding it was just and equitable to extend time for those claims.
Practical note
Employment tribunals have discretion to apply different time limit outcomes to different claims within the same case based on individual just and equitable considerations, even where incidents occurred around the same time.
Legal authorities cited
Case details
- Case number
- 2304652/2023
- Decision date
- 28 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep