Ms N S Khaliq v Secretary of State for Work and Pensions PRELIMINARY HEARING (OPEN) — 2023

The claimant was employed by the respondent from 21 January 2002 until 28 April 2021, when she was summarily dismissed for gross misconduct. Her dismissal appeal was not upheld and she was notified of that outcome on 9 July 2021. She presented her ET1 on 22 March 2022 after ACAS early conciliation, and this preliminary hearing was concerned with whether the claims were out of time and whether any extension should be granted.

For the unfair dismissal, unlawful deductions from wages, breach of contract, accrued and unpaid holiday pay, and whistleblowing detriment claims, the tribunal applied the reasonably practicable test and declined to extend time. It found that the claimant had been aware of possible tribunal proceedings during the appeal process, had engaged in detailed correspondence with the respondent and ACAS, and had enough information and capacity to investigate and present her claims within time. The medical and social evidence did not show a relevant worsening during the critical period that made timely presentation not reasonably practicable.

The disability discrimination claim was treated differently. The tribunal accepted that it was out of time but considered it just and equitable to extend time to the ET1 date. It noted that the allegations were significant and documented, that disclosure was not complete, that there were likely disputed issues of fact for a full hearing, and that the delay was not shown to have materially affected the cogency of the evidence. That claim, including the pleaded disability discrimination issues, remained listed for a final hearing in July 2023.