Mr P Dutton, lay representative For v Bewdley Youth Café — 2018

The claimant was dismissed by letter dated 15 December 2017 with immediate effect, and she accepted that all of her claims related to matters up to and including 22 December 2017, when she had collected that letter. Early conciliation started on 1 March 2018 and ended on 1 April 2018. ACAS later told Mr Dutton on 24 April 2018 that he generally had one month after the end of early conciliation to submit the claim, leaving only a short period before the 1 May 2018 deadline.

The tribunal found that, for the non-discrimination claims, it was reasonably practicable to present them in time and that the eventual delay of more than a month was not reasonable. The judge accepted that the claimant was unwell, but found no evidence that she was so incapacitated that she could not give instructions, and noted that the delay appeared to be because the parties were hoping for a settlement offer. That was not a valid reason for an extension of time.

For the discrimination complaint, which the judgment says was identified as sex and/or religion or belief discrimination but actually alleged on the basis that the claimant was a 'Romany Gipsy', the tribunal found no evidence supporting the allegation. The judge also held that it would not be just and equitable to extend time for that claim. All of the claimant's claims were therefore dismissed.