Claimant v Ms C White and Ms AO Taylor trading together in partnership as Hembury Fort House
Outcome
Individual claims
The tribunal struck out the unfair dismissal claim on the basis it had no reasonable prospect of success. The claim was brought out of time, more than 3 months after termination. The claimant appeared to accept there was a termination in August 2024. He had previously brought proceedings in December 2024 which were rejected. The tribunal found he could not overcome the jurisdictional time bar issues under s.111 of the Employment Rights Act.
The notice pay claim was struck out for having no reasonable prospect of success. The claim was presented more than 3 months after termination, breaching time limits under article 7 of the Extension of Jurisdiction Order. The claimant could not demonstrate why it was not reasonably practicable to have brought the claim earlier, especially as he had brought previous proceedings in December 2024.
The wages claim was struck out as having no reasonable prospect of success. The claim was out of time under s.23 of the Employment Rights Act, being presented more than 3 months after termination. Much of the claim related to alleged recompense for building work on the property which the tribunal found was not a matter the Employment Tribunal had jurisdiction to determine.
Facts
The claimant worked as a Maintenance Manager at a residential care home from April 2007 to August 2024. He had been in a personal relationship with one of the partners, Ms White, from 2003 to 2024. That relationship ended in summer 2024, leading to a termination of employment around 17 August 2024. The claimant went to Thailand but said he intended to return to work. He had previously brought tribunal proceedings in December 2024 which were rejected for lack of an ACAS certificate. He brought these proceedings in April 2025, claiming unfair dismissal, notice pay and unpaid wages, including significant sums allegedly owed for building work.
Decision
The tribunal struck out all claims under rule 38(1)(a) as having no reasonable prospect of success. The claims were brought significantly out of time - more than 7 months after termination - and the claimant could not demonstrate it was not reasonably practicable to claim earlier, especially as he had brought earlier proceedings in December 2024. Additionally, much of what the claimant sought related to compensation for building work on the property, which is not within the tribunal's jurisdiction.
Practical note
Time limits are strictly enforced and bringing a second claim after withdrawing or failing with a first claim on the same facts will face serious jurisdictional hurdles, particularly where the second claim is also out of time.
Legal authorities cited
Statutes
Case details
- Case number
- 6012236/2025
- Decision date
- 19 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- No
- Rep type
- self
Employment details
- Role
- Maintenance Manager and/or Technician
- Service
- 17 years
Claimant representation
- Represented
- No