21-year-old unfair college dismissal claim is ‘just too late’

A judge has dismissed an unfair dismissal claim against a London college group because it was filed 21 years after the event. 

United Colleges Group has successfully had an employment tribunal claim thrown out after a former employee lodged a complaint over an accident that happened in 2003. 

Judge Tim Adkin agreed with the college’s representative that a fair hearing was “no longer possible” given the time since the accident and the fact that individuals involved are likely to have moved on. 

The claimant, named in tribunal documents as Mr A Watfa, was contracted as a centre services assistant for the City of Westminster College in March 2003 and shortly after had an accident that resulted in the amputation of his right middle finger. 

Watfa was dismissed in September 2003 and lodged claims of unfair dismissal and disability discrimination 20 years later. He explained the reason for the delay was that it was a “traumatic” accident, and he had had “periods of mental health difficulties” since. 

The judge told Watfa that, if his tribunal claim were taken forward, it would probably be heard next year, making it “unfair” for key witnesses to explain their actions 22 years after the incident. 

“Even if the respondent was able to track down key witnesses, which must be in doubt, in my view the prejudice to the respondent would be very great and it would be unfair of them to explain their actions 22 years after the event,” Judge Adkin said. 

He added that it was “simply just too late” to bring a claim so long after the event. 

“I understand that in part the claimant says that he has had a lasting problem as a result of the injury. I do understand that, and I am very sympathetic to that,” the judge said. 

“My finding is it that it will not be possible to have a fair hearing.”