Claimant v Cabinet Office Government Commercial Organisation
Outcome
Individual claims
The complaint for breach of contract was not presented within the applicable time limit under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994. The tribunal determined it was reasonably practicable for the claimant to have presented the claim in time, and therefore the claim was dismissed as out of time.
Facts
The claimant, Mr Nicholas Foulkes, brought a breach of contract claim against the Cabinet Office Government Commercial Organisation. The case proceeded to a preliminary hearing over two days in November 2025 to determine whether the claim was presented in time under the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994.
Decision
The tribunal found that the breach of contract complaint was not presented within the applicable time limit and that it was reasonably practicable for the claimant to have done so. As the claimant failed the reasonably practicable test, the complaint was dismissed.
Practical note
A breach of contract claim under the Extension of Jurisdiction Order must be presented within the strict time limits, and mere difficulty is not sufficient to show it was not reasonably practicable to comply.
Legal authorities cited
Statutes
Case details
- Case number
- 6013519/2024
- Decision date
- 5 November 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No