Cases6027626/2025

Claimant v Angel Approved Limited

25 November 2025Before Employment Judge E FowellCroydonremote video

Outcome

Other

Individual claims

Unfair Dismissalnot determined

Claim not yet determined. Interim relief application refused on multiple grounds including that claimant did not have two years' service required for ordinary unfair dismissal, claim was brought more than four months after dismissal (outside seven-day requirement for interim relief), and interim relief is only available for specific categories such as whistleblowing or trade union activity which did not apply. Further preliminary hearing scheduled to consider strike out on service and time limit grounds.

Direct Discrimination(race)not determined

Claim not yet determined. Tribunal noted that none of the allegations were within three months of dismissal so no scope to argue they were part of a continuing series of acts. Further preliminary hearing scheduled for 25 November 2025 to consider whether time should be extended on just and equitable grounds.

Interim Relieffailed

Application refused because interim relief is not available for ordinary unfair dismissal claims, the application was brought more than four months after dismissal when the statutory deadline is seven days, and the claimant had only ticked a box on the claim form without making a proper application. The claim form incorrectly stated it consisted only of unfair dismissal when it also included race discrimination.

Facts

Mr Nertey brought claims of unfair dismissal and race discrimination against his former employer Angel Approved Limited. He applied for interim relief but did so more than four months after his dismissal. The claimant did not have the required two years' service for ordinary unfair dismissal and had incorrectly claimed an exemption from ACAS early conciliation by stating his claim consisted only of unfair dismissal when it also included race discrimination.

Decision

The tribunal refused the interim relief application because it was brought well outside the seven-day statutory deadline, interim relief is only available for specific categories of dismissal (such as whistleblowing) which did not apply, and the claimant had not properly made such an application. The tribunal scheduled a further preliminary hearing for 25 November 2025 to consider striking out the claims on grounds of insufficient service, time limits, and abuse of process.

Practical note

Interim relief applications must be brought within seven days and are only available for specific types of dismissal such as whistleblowing or trade union activity, not for ordinary unfair dismissal claims.

Legal authorities cited

Sainsbury's Supermarkets Ltd v Hitt [2003] ICR 111

Statutes

ERA 1996 s.128(2)ERA 1996 s.128(1)

Case details

Case number
6027626/2025
Decision date
25 November 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
in house

Claimant representation

Represented
No