Claimant v Community Integrated Care
Outcome
Individual claims
Dismissed for want of jurisdiction having been issued out of time. Tribunal found it was reasonably practicable to present the claim in time. The delay was due to the claimant's solicitor's mistake in believing conciliation was ongoing, but the solicitor was aware of time limits, had a draft claim ready, and the misunderstanding was not reasonable given ACAS warnings about time limits.
Dismissed for want of jurisdiction having been brought out of time and it not being just and equitable to extend time. The tribunal found the 5-month delay was significant, the claim was poorly pleaded, and the balance of prejudice favoured the respondent. The claimant was not left without remedy as she could pursue a claim against her solicitor for his admitted mistake.
Dismissed for want of jurisdiction having been brought out of time and it not being just and equitable to extend time. The tribunal applied the same reasoning as for disability discrimination: significant delay, poor pleading, balance of prejudice favouring respondent, and alternative remedy available against the solicitor.
Dismissed for want of jurisdiction having been issued out of time and it being reasonably practicable for it to have been brought in time. Same reasoning as unfair dismissal claim - the solicitor's mistake did not render it not reasonably practicable to present the claim in time.
Facts
The claimant was employed by the respondent charity from April 2019 until dismissal for medical incapacity on 2 January 2024. She had developed osteoarthritis affecting her mobility in 2023. She alleged race discrimination from December 2021 onwards and disability discrimination from summer 2023. The claimant contacted ACAS on 23 February 2024, received an EC certificate on 5 April 2024, meaning her claim should have been filed by 5 May 2024. However, her solicitor mistakenly believed ACAS conciliation was ongoing and waited for a response to a £15,000 settlement offer. The claim was not filed until 28 October 2024, over 5 months late.
Decision
The tribunal dismissed all claims for want of jurisdiction due to being out of time. For the unfair dismissal and wages claims, it found it was reasonably practicable to present the claims in time - the solicitor's mistake was not reasonable given the clear ACAS warnings and the fact he had a draft claim ready. For the discrimination claims, the tribunal declined to extend time on just and equitable grounds, finding the 5-month delay significant, the claims poorly pleaded, and the balance of prejudice favouring the respondent, particularly as the claimant had an alternative remedy against her solicitor.
Practical note
A solicitor's mistaken belief that ACAS conciliation continues after the EC certificate is issued will not save a late claim - tribunals expect professional advisers to understand time limits and will not extend time where claims are significantly late and poorly pleaded, especially when the claimant has an alternative remedy in negligence.
Legal authorities cited
Statutes
Case details
- Case number
- 2226332/2024
- Decision date
- 9 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 5 years
Claimant representation
- Represented
- Yes
- Rep type
- solicitor