Cases3311497/2024

Claimant v Watches of Switzerland Operations Limited

8 December 2025Before Employment Judge Grahame AndersonWatfordremote video

Outcome

Partly successful

Individual claims

Unfair Dismissalstruck out

The claim was not presented within the applicable time limit and the tribunal found it was reasonably practicable to have done so. The claim was therefore dismissed on jurisdictional grounds.

Whistleblowingstruck out

The claim was not presented within the applicable time limit and the tribunal found it was reasonably practicable to have done so. The claim was therefore dismissed on jurisdictional grounds.

Unlawful Deduction from Wagesstruck out

The claim was not presented within the applicable time limit and the tribunal found it was reasonably practicable to have done so. The claim was therefore dismissed on jurisdictional grounds.

Direct Discrimination(race)not determined

The claim was presented outside the 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.

Discrimination Arising from Disability (s.15)(disability)not determined

The claim was presented outside the 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

The claimant brought multiple claims against their former employer including unfair dismissal, whistleblowing, unpaid wages, race discrimination and disability discrimination. 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 claims.

Decision

The tribunal dismissed the unfair dismissal, whistleblowing and unpaid wages claims on the basis that they were out of time and it was reasonably practicable to have presented them in time. However, the tribunal exercised its discretion to extend time for the race and disability discrimination claims on just and equitable grounds, allowing those claims to proceed.

Practical note

Employment tribunals apply different time limit extension tests depending on the claim type: a stricter 'reasonably practicable' test for unfair dismissal claims versus a more flexible 'just and equitable' discretion for discrimination claims.

Legal authorities cited

Case details

Case number
3311497/2024
Decision date
8 December 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
Yes
Rep type
lay rep