Mr J Carswell v North Lanarkshire Council — 2025

The claimant brought a disability discrimination claim concerning the respondent's rejection of his application for a Safety and Wellbeing Assistant role. The parties agreed that the alleged discriminatory act occurred on 6 August 2024, that ACAS early conciliation began on 20 September 2024, and that the extended deadline for presenting the claim was 17 December 2024. The claimant presented the claim on 30 December 2024, 13 days late.

The Tribunal accepted the claimant's account of why the claim was late as reasonably credible. It found that he had mistakenly believed the time limit for a discrimination claim was six months less one day, had relied on ACAS to steer the process, and had expected ACAS to flag any time-bar issue. The claimant accepted that he had not asked ACAS about the time limits or taken other advice, but explained that his focus was on the respondent's non-engagement with early conciliation.

Applying the just and equitable extension test, the Tribunal found that the claimant would suffer considerable prejudice if the claim could not proceed, while the respondent would suffer less prejudice if it did proceed. The delay was not considered substantial, the respondent had been put on notice of the complaint on 27 August 2024, and no forensic prejudice was suggested. The Tribunal therefore extended time and held that it had jurisdiction to hear the claim.