Claimant v Discover the World Limited

The claimant withdrew her complaint of automatic unfair dismissal by reason of making a protected disclosure during the preliminary hearing.

The claimant withdrew her complaint of suffering a detriment on the grounds of making a protected disclosure during the preliminary hearing.

The claimant had less than 2 years' continuous service with the respondent at the date of her dismissal. Pursuant to Section 108 of the Employment Rights Act 1996 the Employment Tribunal has no jurisdiction to hear the claim.

The claim was filed 26 days late. Tribunal found it was reasonably practicable to present the claim on time as the claimant should have asked ACAS for clear guidance on the deadline. Struck out under Employment Tribunal Rule 38(1)(a) for having no reasonable prospect of success.

The claim for failure to pay accrued holiday pay on termination was filed 26 days late. Tribunal found it was reasonably practicable to present the claim on time as the claimant should have asked ACAS for clear guidance on the deadline. Struck out under Employment Tribunal Rule 38(1)(a) for having no reasonable prospect of success.

The tribunal refused the respondent's application to strike out this claim for being out of time. The tribunal extended the time limit on just and equitable grounds, finding the balance of prejudice favoured the claimant. The claim was filed 26 days late but the claimant had strong reasons for genuine confusion about the deadline due to her mental health, homelessness and medical issues. The merits of the claim will be determined at the final hearing.

The tribunal refused the respondent's application to strike out this claim for being out of time. The tribunal extended the time limit on just and equitable grounds, finding the balance of prejudice favoured the claimant. The claim was filed 26 days late but the claimant had strong reasons for genuine confusion about the deadline due to her mental health, homelessness and medical issues. The merits of the claim will be determined at the final hearing.

The tribunal refused the respondent's application to strike out this claim for being out of time. The tribunal extended the time limit on just and equitable grounds, finding the balance of prejudice favoured the claimant. The claim was filed 26 days late but the claimant had strong reasons for genuine confusion about the deadline due to her mental health, homelessness and medical issues. The merits of the claim will be determined at the final hearing.

The tribunal refused the respondent's application to strike out this claim for being out of time. The tribunal extended the time limit on just and equitable grounds, finding the balance of prejudice favoured the claimant. The claim was filed 26 days late but the claimant had strong reasons for genuine confusion about the deadline due to her mental health, homelessness and medical issues. The merits of the claim will be determined at the final hearing.