Claimant v LiveWest Homes Limited
Outcome
Individual claims
The tribunal struck out the claimant's allegation of detriment on the ground of making a protected interest disclosure, related to the giving of references, on the basis that it had no reasonable prospect of success.
The tribunal struck out the unfair dismissal claim on the basis that the claimant did not have two years' continuous service with the respondent, which is required to bring an ordinary unfair dismissal claim.
The redundancy payment claim was struck out on the basis that the claimant did not have two years' continuous service with the respondent.
The automatically unfair dismissal complaint was not presented within the applicable time limit and it was reasonably practicable to do so, therefore dismissed for want of jurisdiction.
The breach of contract claim relating to notice was not presented within the applicable time limit and it was reasonably practicable to do so, therefore dismissed for want of jurisdiction.
The unlawful deductions from wages complaint was not presented within the applicable time limit and it was reasonably practicable to do so, therefore dismissed for want of jurisdiction.
The claim for accrued but unpaid holiday pay was not presented within the applicable time limit and it was reasonably practicable to do so, therefore dismissed for want of jurisdiction.
The claims in relation to other payments were not presented within the applicable time limit and it was reasonably practicable to do so, therefore dismissed for want of jurisdiction.
The race discrimination complaints were not presented within the applicable time limit and the tribunal found it was not just and equitable to extend the time limit, therefore the claim was dismissed.
Facts
Mr Ardesi brought multiple employment claims against his former employer LiveWest Homes Limited, including whistleblowing detriment, unfair dismissal, redundancy pay, breach of contract, unlawful deductions, holiday pay and race discrimination. He appeared in person at a preliminary hearing to determine jurisdictional and strike-out issues.
Decision
The tribunal struck out or dismissed all of Mr Ardesi's claims. The unfair dismissal and redundancy claims failed due to insufficient service (less than two years). The whistleblowing claim had no reasonable prospect of success. Other claims including breach of contract, wages and holiday pay were out of time and it was reasonably practicable to present them in time. Race discrimination claims were also out of time and it was not just and equitable to extend time.
Practical note
This case demonstrates the critical importance of meeting service requirements, time limits, and the high threshold for whistleblowing detriment claims, particularly for unrepresented claimants who may not understand these technical requirements.
Legal authorities cited
Case details
- Case number
- 6016492/2024
- Decision date
- 4 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- real estate
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No