6001613/2025Struck out

London North Eastern Railway Ltd

15 April 2026·Employment Tribunal·England & Wales·Employment Judge Jaleel

Respondent

London North Eastern Railway Ltd

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Decision date

15 April 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Jaleel

Case Summary

The claimant claimed disability discrimination and failure to make reasonable adjustments arising from his fibromyalgia. His claim was presented on 16 January 2025, well outside the primary three-month time limit which expired 27 June 2024. The tribunal considered whether to extend the time limit on a just and equitable basis.

Why this outcome?

Out of time

The tribunal struck out the claim because it would not be just and equitable to extend the time limit. The claimant failed to provide adequate explanation for the delay between dismissal (28 February 2024) and claim submission (16 January 2025), provided no objective medical evidence supporting his ill health claims, and his level of activity was inconsistent with the restrictions he claimed. Additionally, the respondent would be prejudiced by extending the time limit for complaints dating back over two years.

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Key Issues

  • whether it would be just and equitable to extend the time limit for bringing disability discrimination claim under s123 Equality Act 2010
  • whether claimant had no reasonable prospects of success in establishing just and equitable extension
  • disability discrimination arising from fibromyalgia
  • failure to make reasonable adjustments

Original published judgment

The full source document is available from the official publication page.

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