Claimant v East of England Ambulance Service NHS Trust
Outcome
Individual claims
Respondent's strike-out application on time limit grounds was refused by the tribunal, allowing the claim to proceed to a full hearing on merits.
Respondent's strike-out application on time limit grounds was refused by the tribunal, allowing the claim to proceed to a full hearing on merits.
Respondent's strike-out application on time limit grounds was refused by the tribunal, allowing the claim to proceed to a full hearing on merits.
Facts
Mr Perkins, an unrepresented claimant, brought claims of race discrimination, sex discrimination and unfair dismissal against East of England Ambulance Service NHS Trust. The respondent applied to strike out the claims under Rule 37 on the basis that they had no reasonable prospects of success due to being out of time under statutory time limits.
Decision
Employment Judge Gardiner refused the respondent's strike-out application. The tribunal found that the claims should not be struck out on time limit grounds at this preliminary stage, allowing all three claims to proceed to a full merits hearing.
Practical note
Strike-out applications on time limit grounds face a high threshold and tribunals are reluctant to strike out discrimination claims at a preliminary stage, particularly where the claimant is unrepresented and issues of jurisdiction require full examination.
Legal authorities cited
Statutes
Case details
- Case number
- 3200971/2023
- Decision date
- 29 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No