Claimant v Foundever UK Ltd
Outcome
Individual claims
This claim was identified in the claim form but was not the subject of this preliminary hearing on time limits. No determination was made on this claim.
Claimant complained that refusal of flexible working request to change hours from 12-9pm to 9am-5.30pm (between February 2021 and April 2022) was indirect sex discrimination based on childcare responsibilities. Tribunal found claim was at least 15 months out of time but extended time on just and equitable grounds, finding the claim arguable as women workers shoulder greater burden of childcare, and prejudice to respondent was limited as witnesses could speak to general business need. Full merits hearing yet to take place.
Claimant complained that refusal of leave request in July 2022 for son's overseas cardiologist appointment was indirect sex discrimination. Tribunal refused to extend time on just and equitable grounds, finding the claim unlikely to succeed as claimant would struggle to show group disadvantage for women workers based on these unusual circumstances, and respondent was prejudiced by unavailability of decision-maker Ms Redpath as a witness.
Facts
Claimant, a single mother employed as customer service agent from November 2020, requested flexible working to change hours from 12-9pm to 9am-5.30pm due to childcare responsibilities for son with health issues. Request was repeatedly refused between February 2021 and April 2022 on basis role required full flexibility. In July 2022 claimant was also refused leave for son's overseas cardiologist appointment. Claimant dismissed June 2023 following period of sick leave and commenced tribunal proceedings October 2023, 15 months late for flexible working complaint and 12 months late for leave refusal complaint.
Decision
Tribunal extended time on just and equitable grounds for indirect sex discrimination claim regarding refusal of flexible working request, finding claim arguable as women shoulder greater childcare burden and respondent not severely prejudiced as witnesses could speak to business need. Tribunal refused to extend time for leave refusal claim, finding claimant unlikely to establish group disadvantage based on unusual circumstances and respondent prejudiced by unavailability of key witness.
Practical note
Even where a claimant has no good reason for delay in bringing discrimination claims out of time, tribunals may extend time on just and equitable grounds where the claim is arguable and prejudice to respondent is limited, particularly in indirect discrimination cases where the focus is on justifying the PCP rather than specific decision-making.
Legal authorities cited
Statutes
Case details
- Case number
- 1306275/2023
- Decision date
- 3 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Foundever UK Ltd
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- customer service agent
- Service
- 3 years
Claimant representation
- Represented
- No