Case 8002327/2025 · Employment Tribunal
Ms C Summers v Richmond House Care Home — 2026
- Case reference
- 8002327/2025
- Decision date
- 28 April 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge R Mackay
- Venue
- Dundee
Parties
2 namedClaimant
Ms C Summers
Respondent
Key findings
Tribunal's reasoningAt an open preliminary hearing, the Tribunal considered time-limit issues affecting Ms Summers's claims following her summary dismissal by Richmond House Care Home on 23 April 2025. The unfair dismissal, wrongful dismissal and direct race discrimination claims were presented outside their primary time limits. The respondent accepted that the victimisation claims, concerning information allegedly passed to two other employers in late June and early July 2025, were in time.
The Tribunal dismissed the unfair dismissal and wrongful dismissal claims. It accepted that Ms Summers experienced shame and depressive feelings after her dismissal, but found that it had nevertheless been reasonably practicable for her to present those claims in time. She had sought advice within the three-month period, had a general awareness that legal time limits existed and could reasonably have taken further steps earlier. The Tribunal also stated that, had it needed to decide the issue, it would have found that the later claim was not presented within a reasonable further period after she was advised to contact ACAS.
The Tribunal permitted the direct race discrimination claim to proceed under the just and equitable extension. It found that the delay was not particularly significant, that Ms Summers's shame and depressive feelings had a real bearing on her approach, and that the delay was not expected to affect the cogency of the evidence or the hearing timetable. In balancing prejudice, it noted that refusal would materially prejudice Ms Summers, while Richmond House Care Home already had to address the victimisation claim and much of the evidence would be common to both claims. The direct race discrimination and victimisation claims were therefore directed to proceed to the already-fixed final hearing dates; no merits determination or monetary remedy was made.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed as presented outside the statutory time limit; the Tribunal found that it had been reasonably practicable to present the claim in time. | Dismissed | — | — |
| Wrongful dismissal | Dismissed as presented outside the statutory time limit; the Tribunal found that it had been reasonably practicable to present the claim in time. | Dismissed | — | — |
| Race discrimination | The claim was presented out of time but permitted to proceed because the Tribunal considered the extension just and equitable. The merits were not determined at this preliminary hearing. | Other | Race | — |
| Victimisation | The respondent accepted that the victimisation claims were presented in time. They were permitted to proceed, and their merits were not determined at this preliminary hearing. | Other | — | — |
Legal tests applied
7 references- section 111(2) Employment Rights Act 1996
- article 7 Employment Tribunals Extension of Jurisdiction (Scotland) Order 1994
- reasonably practicable test
- Palmer and Saunders v Southend-on-Sea Borough Council
- section 123 Equality Act 2010 just and equitable extension
- British Coal Corporation v Keeble factors
- balance of prejudice exercise
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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