Claimant v Virtus Holdco Limited
Outcome
Individual claims
The claim was not presented within the applicable statutory time limit. The tribunal found that it was reasonably practicable for the claimant to have presented the claim in time, and therefore the tribunal had no jurisdiction to hear the claim and it was dismissed.
The claim was presented outside the applicable time limit, but the tribunal exercised its discretion to extend time on just and equitable grounds. The claim will proceed to a full merits hearing.
The claim was presented outside the applicable time limit, but the tribunal exercised its discretion to extend time on just and equitable grounds. The claim will proceed to a full merits hearing.
The claim was presented outside the applicable time limit, but the tribunal exercised its discretion to extend time on just and equitable grounds. The claim will proceed to a full merits hearing.
Facts
Ms Carter brought claims of unfair dismissal and discrimination (disability, age and sex) against Virtus Holdco Limited. All claims were presented outside the applicable statutory time limits. This was a preliminary hearing to determine whether the tribunal had jurisdiction to hear the out-of-time claims.
Decision
The tribunal dismissed the unfair dismissal claim, finding it was reasonably practicable for Ms Carter to present it in time. However, the tribunal extended time for the discrimination claims on just and equitable grounds, allowing those claims to proceed to a full merits hearing.
Practical note
Different time limit tests apply to unfair dismissal (reasonably practicable) versus discrimination claims (just and equitable), with tribunals having broader discretion to extend time for discrimination claims.
Legal authorities cited
Case details
- Case number
- 2203279/2025
- Decision date
- 29 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No