Decision date
18 February 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Mr J S Burns
Case Summary
The claimant brought claims for unfair dismissal, arrear wages, and sex discrimination harassment nearly 7 months after the primary time limit expired. The tribunal struck out all claims, finding that the claimant failed to satisfy the test for extending time. Although the claimant cited physical injury, psychological trauma, bereavement, continuing threats and professional advice as reasons for the delay, the tribunal found these insufficient, noting he returned to full-time work by April 2024 and inexplicably delayed contacting ACAS for four months after receiving advice to do so.
Why this outcome?
Out of timeThe claims were brought nearly 7 months out of time. The claimant failed to demonstrate that it was not reasonably practicable to bring the claims within the three-month primary limitation period, nor that he brought them within a reasonable time thereafter. Although he cited physical injury, psychological trauma, bereavement and threats, he was back in full-time work by April 2024 and unexplainably delayed contacting ACAS by four months despite being advised to do so in June 2024. For the discrimination claim, the tribunal found it would not be just and equitable to extend time given the claimant's lack of adequate explanation for the very long delay.
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Key Issues
- •Whether claims brought out of time (7 months late)
- •Whether it was reasonably practicable for claimant to bring claims in time
- •Whether tribunal should extend time for claims as just and equitable
- •Claimant's reasons for delay: physical injury, psychological trauma, father's death, continuing threats, professional advice, ACAS process
Original published judgment
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Case Details
- Case No.
- 6020708/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 18 February 2026
- Published
- 16 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Mr J S Burns
- Representation
- Litigant in person