Claimant v Heathrow Roofing & Building Services Limited
Outcome
Individual claims
Claim presented almost a year out of time. Tribunal found it was reasonably practicable to have presented the claim within the statutory three-month time period. Claimant's explanation of language barriers and ignorance of procedure was rejected as he had access to assistance throughout. Claims dismissed as out of time.
Claim presented almost a year out of time. Tribunal found it was reasonably practicable to have presented the claim within the statutory three-month time period. When claimant sought help from friend Mr Halil, he was immediately able to contact ACAS and complete ET1, showing these steps could have been taken earlier. Claims dismissed as out of time.
All other claims (including any potential discrimination or redundancy claims) were confirmed as withdrawn by the claimant at preliminary hearing on 18 August 2025 and dismissed on withdrawal.
Facts
Claimant worked as a roofer and electrician from October 2022 to June 2023. He resigned on 25 June 2023 citing non-payment of wages. He did not contact ACAS until February 2024 (8 months later) and presented his ET1 on 21 June 2024, almost a year after termination. He claimed unpaid wages and holiday pay. Neither party complied with tribunal orders for document exchange or witness statements. Claimant had not calculated amounts owed.
Decision
Tribunal dismissed all claims as out of time. The claimant could not show it was not reasonably practicable to have brought claims within the statutory three-month time limit. His explanation of language barriers and ignorance of procedure was rejected, as when he sought help from a friend in 2024, he was immediately able to contact ACAS and complete the claim form, showing these steps could have been taken in 2023.
Practical note
Ignorance of tribunal procedures and language barriers will not make it 'not reasonably practicable' to bring a claim in time where the claimant had access to assistance and unreasonably delayed seeking help.
Legal authorities cited
Statutes
Case details
- Case number
- 3306073/2024
- Decision date
- 25 November 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- No
- Rep type
- in house
Employment details
- Role
- roofer and electrician
- Service
- 8 months
Claimant representation
- Represented
- No