Ms A Dickson v Department for Work and Pensions — 2023

The claimant's employment ended on 15 September 2020 and she presented her claim on 4 January 2023. The tribunal considered the respondent's strike-out application. It declined to strike out the claim under Rule 37(1)(c) for non-compliance with tribunal orders, finding that strike out would not be proportionate in light of the information already provided and the claimant's oral explanation.

The unfair dismissal complaint was struck out under Rule 37(1)(a). The tribunal found that, even taking the claimant's case at its highest, there was no prospect of a tribunal finding that the claim had been lodged within such further period as was reasonable after the ordinary time limit expired. The tribunal noted the claimant knew of the time limit, had trade union assistance, later engaged a solicitor, and did not lodge the claim until January 2023.

The tribunal refused to strike out the failure to make reasonable adjustments complaints or order a deposit. It had considerable doubt about whether the claimant could establish a continuing course of conduct, but held that it could not be said there was no or little reasonable prospect of a tribunal extending time on a just and equitable basis if the allegations were established.