Cases1807257/2024

Claimant v Forza Foods Limited

Outcome

Other

Individual claims

Unfair Dismissalnot determined

Respondent's application to strike out on time limit grounds was dismissed following Luton Borough Council v Haque authority. The claim proceeds to full hearing.

Othernot determined

Claim for failure to allow right to be accompanied at disciplinary hearing. Respondent's application to dismiss on time limit grounds was rejected. The claim proceeds to full hearing.

Facts

The claimant brought claims of unfair dismissal and failure to be allowed the right to be accompanied at the disciplinary hearing at which she was dismissed. The respondent applied to strike out both claims on the grounds they were presented out of time.

Decision

The tribunal dismissed the respondent's application to strike out the claims for being out of time. The tribunal applied the authority of Luton Borough Council v Haque [2018] ICR 1388 and allowed the claims to proceed.

Practical note

This preliminary hearing demonstrates that time limit applications can be defeated with appropriate legal authority, and Haque remains an important precedent in time limit disputes.

Legal authorities cited

Luton Borough Council v Haque [2018] ICR 1388

Case details

Case number
1807257/2024
Decision date
8 January 2026
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep