Ms H Watts v Richmond and Hillcroft Adult Community College — 2024

At a preliminary hearing on 10 January 2024, Employment Judge Mensah considered whether Ms Watts's unfair dismissal and discrimination claims, presented on 19 June 2023, were in time. Ms Watts said she had been unwell and mentally drained, did not know the time limits, said the pandemic made it difficult to get support, and said she had difficulty obtaining legal assistance. The respondent argued that the claims were late and should not proceed.

On unfair dismissal, the tribunal found the claim was out of time because the effective date of termination was 31 March 2022 and the claim was not brought until 19 June 2023. It did not accept that stress, lack of medical evidence, inability to obtain medical appointments, or the pandemic prevented a timely claim. The tribunal noted that Ms Watts had continued some part-time work, had not been signed off as unfit for work, and had not shown that she could not have used internet resources, ACAS or Citizens Advice during the limitation period.

The tribunal applied the same findings to the Equality Act claims. It said the discrimination claims remained unparticularised, treated 31 March 2022 as the last possible date, and held that they were out of time by nearly a year. Applying the statutory discretion, including the approach in Robertson and Miller, it decided it was not just and equitable to extend time, taking into account the absence of a proven hindrance to earlier presentation and the forensic prejudice to the respondent. No remedy was awarded because the claims did not proceed.