Claimant v British Airways plc
Outcome
Individual claims
The claim was presented outside the statutory time limit and the tribunal determined it would not be just and equitable to extend time for this disability discrimination complaint.
The claim was presented outside the statutory time limit. The tribunal found it was reasonably practicable for the complaint to be presented within time and it would not be reasonable to extend time.
The claim was presented outside the statutory time limit. The tribunal found it was reasonably practicable for the complaint to be presented within time and it would not be reasonable to extend time.
Facts
The claimant Miss S Flynn brought claims against British Airways plc for disability discrimination, unlawful deduction of wages, and breach of contract. The respondent challenged the claims as being out of time at a preliminary hearing held by CVP. The claimant was unrepresented and appeared in person.
Decision
Employment Judge Wyeth dismissed all claims as out of time. The disability discrimination claim failed the just and equitable test for extension. The wages and breach of contract claims failed because it was reasonably practicable to present them in time and there was no basis to extend time.
Practical note
Employment tribunals will strike out claims presented out of time where claimants cannot demonstrate it was not reasonably practicable to present in time or that a just and equitable extension should be granted.
Case details
- Case number
- 3301465/2024
- Decision date
- 8 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No