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

Case against London college group thrown out for unlikelihood of fair hearing

Case against London college group thrown out for unlikelihood of fair hearing

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.” 

Latest education roles from

Chief Executive Officer

Chief Executive Officer

Learning Academies Trust

Head of Employment & Skills

Head of Employment & Skills

Gloucestershire County Council

Head of School

Head of School

Lift Cottingley

Head Teacher

Head Teacher

Green Meadow Primary School

Sponsored posts

Sponsored post

Apprenticeship reform: An opportunity to future‑proof skills and unlock career pathways

The apprenticeship landscape is undergoing one of its most significant transformations in decades, and that’s good news for learners,...

Advertorial
Sponsored post

Stronger learners start with supported educators

Further Education (FE) and skills professionals show up every day to change lives. They problem-solve, multi-task and can carry...

Advertorial
Sponsored post

Preparing learners for work, not just exams: the case for skills-led learning

As further education (FE) continues to adapt to shifting labour markets, digital transformation and widening participation agendas, providers are...

Advertorial
Sponsored post

How Eduqas GCSE English Language is turning the page on ‘I’m never going to pass’

“A lot of learners come to us thinking ‘I’m rubbish at English, and I’m never going to pass’,” says...

Advertorial

More from this theme

Colleges, Politics

Joe Docherty: Labour peer quit college role over ‘inappropriate conduct’

The former education executive has been suspended by the party weeks after being sent to the House of Lords...

Jessica Hill
Apprenticeships, Colleges

Welsh college pulls plug on England apprenticeships

Leaders want to 'concentrate expertise' in Wales following latest Ofsted criticism

Billy Camden
Colleges, FE workforce

DfE to fund maternity pay improvements in colleges

Funding to match a pledge to double school staff maternity pay to come in 2027

Shane Chowen
Colleges

KCSIE 2026: Everything colleges need to know

Proposed guidance strengthens expectations around serious violence

Ruth Lucas

Your thoughts

Leave a Reply

Your email address will not be published. Required fields are marked *