Case 4106855/2024 · Employment Tribunal
Justina Ogundolani v Viewpoint Housing Association Ltd — 2025
- Case reference
- 4106855/2024
- Decision date
- 15 December 2025
- Jurisdiction
- Scotland
- Judge
- Employment Judge Porter SIR
Parties
2 namedClaimant
Justina Ogundolani
Respondent
Key findings
Tribunal's reasoningThe claimant was employed by the respondent as a care assistant from 11 February 2015 until her summary dismissal for gross misconduct with effect from 21 May 2024. She brought claims of unfair dismissal and race discrimination, but her ET1 was submitted on 17 October 2024, after the agreed time limit of 1 October 2024.
For unfair dismissal, the Tribunal accepted that the claimant had not been advised by her union representative about bringing Tribunal proceedings, but did not find that this made it not reasonably practicable to present the claim in time. It also did not accept that the claimant had shown, with medical evidence, that she was unable to submit the claim between late September 2024 and 17 October 2024.
For race discrimination, the Tribunal considered the just and equitable extension test. It noted the 17-day delay and the absence of cogent evidence explaining the delay after the claimant had received advice from Acas and CAB. Although there was no evidence of prejudice to the respondent if the race discrimination claim proceeded, the Tribunal found that this did not justify extending time.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The Tribunal held that it did not have jurisdiction to hear the unfair dismissal claim because it was presented out of time and it was reasonably practicable for the claimant to have submitted it timeously. | Dismissed | — | — |
| Race discrimination | The Tribunal held that it did not have jurisdiction to hear the race discrimination claim because it was presented out of time and it was not just and equitable to extend time under s123(1)(b) of the Equality Act 2010. | Dismissed | Race | — |
Legal tests applied
10 references- s111(b) Employment Rights Act 1996
- not reasonably practicable
- s123(1)(b) Equality Act 2010
- just and equitable
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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.
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