Claimant v GB Land Engineering Limited
Outcome
Individual claims
Claim struck out for being out of time. The tribunal found no jurisdiction as the claim was presented 82 days late and it was not just and equitable to extend time. The claimant failed to provide satisfactory explanation for the delay and his ignorance of time limits was unreasonable.
Claim struck out for being out of time. The tribunal found no jurisdiction as the claim was presented 82 days late and it was not just and equitable to extend time. The claimant failed to provide satisfactory explanation for the delay.
Claim struck out for being out of time. The tribunal found no jurisdiction as the claim was presented 82 days late and it was not just and equitable to extend time. The claimant's asserted physical and mental health issues did not create any impediment to presenting the claim earlier.
Facts
The claimant was employed by the respondent from June to December 2023. He believed he was subjected to religious discrimination during August/September to December 2023 and was told his contract would not be renewed, which he attributed to his religion. He contacted Acas before his employment ended, then Citizens Advice in March 2024, and commenced early conciliation on 16 April 2024. He presented his claim on 3 June 2024, 82 days after the primary time limit expired. The claimant attributed the delay to physical pain (lower back and leg pain) and low mood, though he did not seek medical treatment until February 2024 and was not prescribed significant medication until after the claim was filed.
Decision
The tribunal struck out all claims for lack of jurisdiction, finding the claim was presented 82 days out of time and it was not just and equitable to extend time. The tribunal rejected the claimant's explanations: his physical and mental health did not prevent him from claiming earlier, as evidenced by his ability to engage with Citizens Advice, Acas and apply for benefits; and his ignorance of time limits was unreasonable given his contact with advice agencies and failure to make basic enquiries.
Practical note
Self-represented claimants cannot rely on ignorance of time limits where they have contacted advice agencies and failed to make reasonable enquiries, and general ill-health without medical evidence of incapacity will not establish just and equitable grounds for extension.
Legal authorities cited
Statutes
Case details
- Case number
- 8000770/2024
- Decision date
- 27 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 6 months
Claimant representation
- Represented
- No