Claimant v NHS Property Services Limited
Outcome
Individual claims
Claim brought beyond the time limit set out in s123 Equality Act 2010. Tribunal found no circumstances which would justify having jurisdiction to hear the claim and it was not just and equitable to extend time.
Facts
Mr Garacho brought discrimination claims under the Equality Act 2010 against NHS Property Services Limited and Mr V Weedon. The respondents challenged the jurisdiction of the tribunal on the basis that the claims were brought outside the statutory time limit under section 123 of the Equality Act 2010.
Decision
The tribunal found that the claims were brought beyond the time limit set out in section 123 Equality Act 2010. The tribunal determined that no circumstances applied which would justify having jurisdiction to hear the claims and that it was not just and equitable to extend time. The claims were dismissed for want of jurisdiction.
Practical note
Discrimination claims must be brought within three months less one day of the act complained of, and the tribunal will only extend time on a just and equitable basis where there are compelling circumstances to do so.
Legal authorities cited
Statutes
Case details
- Case number
- 2307477/2023
- Decision date
- 14 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep