Claimant v ISG Interior Services Group UK Limited (In Administration)
Outcome
Individual claims
The tribunal struck out the claims pursuant to Rule 38 on the grounds that the tribunal has no jurisdiction to consider them. The claims were presented out of time and it was reasonably practicable for them to have been presented within the statutory time limit.
Facts
Two claimants, Mr De Campi and Ms Devine, brought claims against ISG Interior Services Group UK Limited (which was in administration) and the Secretary of State. Ms Devine did not attend the hearing. The first respondent was in administration and did not attend. The claims were presented out of time.
Decision
Employment Judge Midgley struck out both claims pursuant to Rule 38 on the grounds that the tribunal had no jurisdiction to consider them. The claims had been presented out of time and it was reasonably practicable for them to have been presented within the statutory time limit.
Practical note
Claims presented out of time will be struck out for lack of jurisdiction where it was reasonably practicable to present them within the statutory time limit, even where the employer is insolvent.
Legal authorities cited
Case details
- Case number
- 2205647/2025
- Decision date
- 12 December 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- construction
- Represented
- No
Claimant representation
- Represented
- No