Richmond House Care Home

Case Summary

The claimant was dismissed from her role as a senior carer on 23 April 2025 and brought claims for unfair dismissal, wrongful dismissal, direct race discrimination and victimisation. The preliminary hearing considered whether out-of-time claims could proceed. The tribunal dismissed the unfair dismissal and wrongful dismissal claims as it was reasonably practicable for them to be presented in time, but permitted the direct race discrimination claim to proceed under the just and equitable extension.

The tribunal was satisfied that it was reasonably practicable for the unfair dismissal and wrongful dismissal claims to have been presented in time because although the claimant had psychological difficulties following dismissal, she sought legal advice within the three-month period, had a general awareness that time limits apply, and there was nothing to prevent her from obtaining proper legal advice earlier. In contrast, the direct race discrimination claim was permitted to proceed under the broader just and equitable test because the delay was not particularly significant and the claimant's feelings of shame and depression had a real bearing on her approach.

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• •Whether claims presented outside statutory time limit should be allowed to proceed
• •Whether it was reasonably practicable for unfair dismissal and wrongful dismissal claims to be presented in time
• •Whether direct race discrimination claim should be permitted to proceed under just and equitable extension

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