Claimant v Thurrock Borough Council
Outcome
Individual claims
The claim was not presented within the applicable time limit and it was reasonably practicable to do so. The tribunal therefore dismissed this claim for being out of time.
The claim related to arrears of pay during and up to termination. It was not presented within the applicable time limit and it was reasonably practicable to do so, therefore dismissed.
The judgment explicitly states that the claimant's complaints for discrimination have not been dismissed at this time. These claims remain live for future determination.
The judgment explicitly states that the claimant's complaints for harassment have not been dismissed at this time. These claims remain live for future determination.
The judgment explicitly states that the claimant's complaints for victimisation have not been dismissed at this time. These claims remain live for future determination.
Facts
Ms Gherghel brought multiple claims against Thurrock Borough Council including unlawful deduction of wages, breach of contract for arrears of pay, and various discrimination, harassment and victimisation complaints. This preliminary hearing addressed the time limit issues for the wage-related claims. The tribunal found that it was reasonably practicable for the claimant to have presented her unlawful deduction of wages and breach of contract claims within time.
Decision
The tribunal dismissed the claimant's unlawful deduction of wages and breach of contract claims as out of time, finding it was reasonably practicable to have presented them within the applicable time limit. The tribunal explicitly preserved the claimant's discrimination, harassment and victimisation complaints which remain live and have not been dismissed.
Practical note
Even self-represented claimants are expected to meet statutory time limits for wage-related claims where it is reasonably practicable to do so, but discrimination claims may survive preliminary challenges and proceed to full hearing.
Case details
- Case number
- 2305972/2023
- Decision date
- 14 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No