Case 2600842/2024 · Employment Tribunal
Mr C Winkless v Leicester City Council — 2025
- Case reference
- 2600842/2024
- Decision date
- 19 March 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkinson
Parties
2 namedClaimant
Mr C Winkless
Respondent
Key findings
Tribunal's reasoningThe preliminary hearing decided whether it was just and equitable to extend time for claims of disability discrimination and harassment related to disability. The tribunal proceeded on the basis that the acts complained of were a continuing act, with the last act treated on the basis most favourable to the claimant.
The tribunal found that the claimant's mental health deteriorated significantly around anniversaries connected with his son's death, including around November and Christmas 2023. Although the claimant had reasonable opportunities to find out about time limits, the tribunal concluded that his mental health explained a significant portion of the delay, and that the remaining periods were short or connected with early conciliation.
The tribunal found no specific evidence of prejudice to the respondent beyond the ordinary difficulties caused by the passage of time. It extended time on just and equitable grounds, so the disability discrimination and disability-related harassment claims were deemed presented in time and may proceed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Preliminary hearing on time limits only. The tribunal found the disability discrimination claim was presented out of time but extended time on just and equitable grounds, so the claim may proceed. No final merits outcome was decided. | Other | Disability | — |
| Harassment | Preliminary hearing on time limits only. The tribunal found the harassment related to disability claim was presented out of time but extended time on just and equitable grounds, so the claim may proceed. No final merits outcome was decided. | Other | Disability | — |
Legal tests applied
6 references- Equality Act 2010 time limit
- just and equitable extension of time
- Robertson v Bexley Community Centre [2003] IRLR 434 CA
- Southwark LBC v Afolabi [2003] ICR 800 CA
- Abertawe Bro Morgannwg University Local Health Board v Morgan [2018] ICR 1194 CA
- Adedeji v University Hospitals Birmingham NHS Foundation Trust [2021] EWCA Civ 23
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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