Cases6012236/2025

Claimant v Ms C White and Ms AO Taylor trading together in partnership as Hembury Fort House

19 November 2025Before Employment Judge LiveseyBristolremote telephone

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

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.

Wrongful Dismissalstruck out

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.

Unlawful Deduction from Wagesstruck out

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

Balls v Downham Market High School [2011] IRLR 217Twist DX v Armes UKEAT/0030/20/JOJHM Prison Service v Dolby [2003] IRLR 694Mbuisa v Cygnet Healthcare Ltd UKEAT/0119/18Ezsias v North Glamorgan NHS Trust [2007] EWCA Civ 330Mecharov v Citibank [2016] ICRTayside Public Transport Company Ltd t/a Travel Dundee v Reilly [2002] IRLR 755 (CS)Sharma v New College Nottingham [2011] UKEAT/0287/11/LASpring v First Capital East Ltd [2011] UKEAT/0567/11/LAAhir v British Airways [2017] EWCA Civ 1392

Statutes

Employment Rights Act 1996 s.23Employment Rights Act 1996 s.111Extension of Jurisdiction Order article 7Employment Tribunal Procedure Rules 2024 rule 38(1)(a)Employment Tribunal Procedure Rules 2024 rule 40

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