Ms Madlena Pavlova v Glasgow City Council — 2023

The claimant brought two claims arising from alleged acts of disability and race discrimination during academic placements which were scheduled to conclude by no later than 24 February 2022. She approached ACAS on 4 December 2022 and presented claims on 13 December 2022 and 12 January 2023. The claimant accepted that the claims were presented out of time.

The Tribunal considered whether it was just and equitable to extend time. It found that the delay of around ten months was substantial and that the claimant's stated reason was that she had been awaiting the outcome of complaints to her academic institution and then to an education ombudsman. The Tribunal found that waiting for those complaints did not provide a sufficient ground for delay.

The Tribunal also found that the claimant had been aware of the relevant facts by the time of her first complaint, had not acted promptly, and had taken no action to seek advice despite knowing of employment tribunals and litigation time limits. It considered that the delay had affected the cogency of evidence, including the claimant's own recollection, and that requiring the respondent to defend the claims would create prejudice. The Tribunal concluded that it was not just and equitable to extend time and dismissed all claims as outside the Tribunal's jurisdiction.