Claimant v Silva Homes Ltd
Outcome
Individual claims
The tribunal struck out the claim for lack of jurisdiction. The claim was not brought in time, could have been brought in time, did not form part of a continuing act, and the tribunal found it would not be just and equitable to extend the time limit.
The tribunal struck out the claim for lack of jurisdiction. The claim was not brought in time, could have been brought in time, did not form part of a continuing act, and the tribunal found it would not be just and equitable to extend the time limit.
The tribunal struck out the claim for lack of jurisdiction. The claim was not brought in time, could have been brought in time, did not form part of a continuing act, and the tribunal found it would not be just and equitable to extend the time limit.
The tribunal struck out the claim for lack of jurisdiction. The claim was not brought in time, could have been brought in time, did not form part of a continuing act, and the tribunal found it would not be just and equitable to extend the time limit.
Facts
Ms Harley brought claims against Silva Homes Ltd and three individual respondents for discrimination arising from disability, failure to make reasonable adjustments, victimisation, and constructive unfair dismissal. The respondent argued at a preliminary hearing that all claims were out of time. The claims were particularised following Case Management Orders dated 8 August 2025.
Decision
The tribunal struck out all claims for lack of jurisdiction, finding they were not brought in time, could have been brought in time, did not form part of continuing acts, and it would not be just and equitable to extend the time limits. The case was heard remotely by video with the claimant represented by a litigation consultant and the respondents represented by counsel.
Practical note
Time limits are strictly enforced in employment tribunals, and claimants must demonstrate exceptional circumstances to obtain a just and equitable extension, particularly when claims could have been brought in time and do not involve continuing acts.
Legal authorities cited
Case details
- Case number
- 3311379/2024
- Decision date
- 2 October 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Silva Homes Ltd
- Sector
- real estate
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep