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

Head of Geography

Head of Geography

Harris Federation

Procurement & Contracts Manager

Procurement & Contracts Manager

Bradford College

Progress Coordinator

Progress Coordinator

Kingston College

Technical Training Mentor Engineering

Technical Training Mentor Engineering

Calderdale College

Student Engagement Officer

Student Engagement Officer

Capital City College Group

SEND Specialist Learning Tutor/Assessor

SEND Specialist Learning Tutor/Assessor

Calderdale College

Sponsored posts

Sponsored post

Do you want to be part of The Bedford College Group’s next chapter?

At The Bedford College Group, we are passionate about transforming lives and communities through education. As one of the...

Advertorial
Sponsored post

It’s Education’s Time to Shine: Celebrate your Education Community in 2025!

The deadline is approaching to nominate a colleague, team, whole school or college for the 2025 Pearson National Teaching...

Advertorial
Sponsored post

Framing the future of creative education: new BTEC HTQ in Photography nurtures talent beyond the lens

The creative industry is evolving rapidly, and so is the way we teach photography. Discover how Pearson's new BTEC...

Advertorial
Sponsored post

A celebration of education as Bett turns 40!

The world of education has transformed dramatically in the past 40 years, but one thing remains constant: the dedication...

Advertorial

More from this theme

Colleges

Fresh sixth form college strike ballot despite £50m pay deal

SFCA hits back as NASUWT accuses principals of making ‘spurious arguments’

Billy Camden
Colleges, Politics

IFS: £300m boost only delivers real-terms FE funding freeze

Demographic bulge, inflation, pay gap, high staff turnover and labour market demands creating ‘perfect storm’ for colleges

Billy Camden
Colleges

ESFA chief David Withey to become college principal

He will lead a college in the south west when the agency closes in March

Billy Camden
Colleges, FE Commissioner

Bailout saves WCG from going insolvent next month

But the college group's new principal says it is now 'on the right track'

Josh Mellor

Your thoughts

Leave a Reply

Your email address will not be published.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