Ms A McNellis v Care Townhill Ltd — 2026

This preliminary hearing determined whether Ms McNellis's discrimination claim against Care Townhill Ltd could proceed despite having been presented 14 days late. The Tribunal recorded that the claim comprised a number of discrimination complaints and that Ms McNellis had health impairments including ADHD and dyslexia. It did not determine the substantive complaints or whether she was disabled within the Equality Act 2010.

Ms McNellis was dismissed on 8 April 2025, initiated ACAS early conciliation on 2 July 2025 and received the certificate dated 13 August 2025. She submitted her ET1 on 24 September 2025. The Tribunal found that she mistakenly believed she had one month from an ACAS telephone call on 2 September to present the claim. It found, with some hesitation, that she had not been dishonest, but that she ought to have checked the time limit carefully using the certificate, available guidance and advice from those assisting her.

Applying section 123 of the Equality Act 2010, the Tribunal considered the length and reason for the delay, the parties' respective prejudice and the other relevant circumstances. The parties agreed that the delay had not affected the cogency of the evidence, and the Tribunal found that a fair hearing remained possible. It also found that Ms McNellis acted promptly once she realised on 23 or 24 September that the claim was late.

The Tribunal balanced the prejudice to Ms McNellis if the claim could not proceed against the financial and other costs to the respondent of defending it. It also considered the respondent's reports concerning Ms McNellis to the health board, university and regulator, and the possible relevance of a determination of the discrimination claim to those matters. The Tribunal concluded that the claim had been brought within such other period as it considered just and equitable, and directed that it proceed to a final hearing. No remedy was determined or awarded.