Claimant v Virgin Atlantic Airways Limited
Outcome
Individual claims
Claim was brought out of time but tribunal extended time finding the relevant test was met. Claim proceeds to full hearing on merits.
Claim was brought out of time but tribunal extended time finding the just and equitable test was met. Claim proceeds to full hearing on merits.
Claim was brought out of time but tribunal extended time finding the just and equitable test was met. Claim proceeds to full hearing on merits.
Claim was brought out of time but tribunal extended time. General victimisation claim proceeds to full hearing. However, the specific complaint that the dismissal itself was an act of victimisation was struck out as having no reasonable prospect of success.
Facts
Mr Moore brought claims of unfair dismissal and disability discrimination (direct discrimination, discrimination arising from disability, and victimisation) against his former employer Virgin Atlantic Airways Ltd. All claims were brought outside the normal time limits. The respondent applied to strike out the complaint that the dismissal itself was an act of victimisation.
Decision
The tribunal found that although all claims were out of time, the relevant tests for extending time were satisfied and granted jurisdiction to hear the claims. However, the tribunal struck out the specific complaint that the dismissal was victimisation on the basis it had no reasonable prospect of success. The remaining claims will proceed to a full merits hearing.
Practical note
Even when claims are out of time, tribunals may extend time limits where the relevant statutory tests are met, but will still strike out specific allegations that lack reasonable prospects of success at a preliminary hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6008637/2024
- Decision date
- 1 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister