Claimant’s claim was some 8 months out of time and it was held that time could not be extended; an argument that there was an ongoing internal appeal was not a successful one.

The claimant was employed by the respondent from August 2023 until 14th June 2024.  In February 2024 the claimant was informed that she had not passed her six month probationary period and was given notice of her termination.  The respondent’s case was that the claimant’s performance fell well short of the standard expected of a Senior Consultant.
The claimant raised a grievance in February 2024 alleging bullying and discrimination.  The respondent agreed to extend the notice period by four months to allow the grievance investigation to be completed.  The grievance was not upheld, the claimant appealed, and the appeal was also rejected.

The claimant alleged sex discrimination during the period including the grievance. As a result the Tribunal found that the last possible act of alleged discrimination was 8th August 2024. The claimant did not present her claim until July 2025 [well beyond the statutory time limit which would have ended in November 2024]. The claimant did engage with the LRA and received an early conciliation certificate but did not present the claim until a year after that had elapsed. 

The issue for the Tribunal was whether time should be extended for the claims being brought.  The claimant argued that the delay was due to the respondent outlining that there was an internal appeal process ongoing and that they would not engage through the early conciliation.  The claimant also outlined health matters relating to depression and anxiety which she said impacted her in terms of being able to present the claim.

The respondent argued that they would suffer hardship and injustice if time was extended.  They cited a significant lapse of time between the alleged incidents and the date of hearing (likely to be 2027). They argued that there would be practical difficulties in terms of locating relevant documentation and information. Additionally, the respondent outlined that a key witness who was involved in the grievance investigation has since left the respondent and it may be difficult to secure their attendance.

The Tribunal held that the claimant did not present her claim within the statutory time limit.  The Tribunal found that the claimant was aware or ought to have been aware of the statutory time limits in presenting a claim.   Whilst there was some evidence relating to depression and anxiety this was from February 2024 and did not indicate how it would have affected the claimant from being able to present a claim.  As a result, it was found that the claimant failed to demonstrate that there were reasonably practicable grounds for extending time in relation to the unfair dismissal claim.  Similarly, the Tribunal found that there were no just and equitable grounds to allow for an extension of time for the sex discrimination claim.  

Another case relating to time limits and the statutory time limits that apply in the Tribunal.  The argument of an ongoing internal appeal was raised here but it should be made clear that such internal appeals does not stop time from running nor does it have an impact in relation to the Tribunal’s reasoning especially when an individual is aware or ought to be aware of the requisite time limits.

NI Tribunal decisions are available on the OITFET website.