Miss L Thomas v Devon county Council — 2020

Miss L Thomas brought claims of constructive unfair dismissal and harassment contrary to section 26 of the Equality Act 2010 against Devon County Council. The Tribunal recorded that both claims were presented 9 years and 6 months out of time, so the case turned entirely on limitation rather than the merits.

For the constructive unfair dismissal claim, the Tribunal found that it was reasonably practicable for the claim to have been presented within the primary time limit and that it was not presented within a reasonable period after that limit had expired. On that basis, the Tribunal held that it did not have jurisdiction to hear the claim and dismissed it.

For the harassment claim, the Tribunal held that it would not be just and equitable to extend time. It found that the primary cause of the delay was the Claimant's belief that she would lose the claim because her account would be weighed against those of four individuals she said had harassed her. The Tribunal also found that the balance of prejudice favoured the Respondent because it no longer had any means of contacting those individuals. The harassment claim was therefore dismissed.