Claimant v Treasure Transport Services Limited
Outcome
Individual claims
Struck out under rule 38(1)(a) for no reasonable prospect of success. The claim was filed approximately 18 months after termination on 23 October 2023. The tribunal found no reasonable prospect the claimant could persuade it that it was not reasonably practicable to file within the three-month primary time limit (which expired 22 January 2024) or that filing on 7 April 2025 was within a reasonable further period, particularly given the claimant had pursued personal injury litigation during the intervening period and contacted ACAS on 12 March 2025 but waited nearly four weeks to file.
Struck out under rule 38(1)(a) for no reasonable prospect of success on time limit grounds. The claimant alleged protected disclosures about bank holiday pay, RIDDOR report completion, accident book completion, and working alone. The tribunal found no reasonable prospect of establishing the claim was filed within time under section 48(3) ERA 1996, applying the same reasoning as for the unfair dismissal claim regarding the 18-month delay and lack of reasonable explanation.
Struck out under rule 38(1)(a) on two bases: (1) no reasonable prospect of success on time limit grounds (same reasoning as other claims); and (2) the 'Third Claim' seeking compensation for psychiatric injury allegedly caused by inaccuracies in the RIDDOR report and accident book was a stand-alone personal injury claim over which the Employment Tribunal has no jurisdiction. The tribunal found this claim had no reasonable prospect of success because the tribunal cannot determine stand-alone personal injury claims.
Facts
The claimant was employed as a Washbay Operative from November 2017 until his dismissal on 23 October 2023. He suffered a workplace slip injury on 10 February 2021 and remained off work but employed for over two and a half years. He brought a personal injury claim in the County Court in February 2024 which settled in May 2025. He contacted ACAS on 12 March 2025 and filed his Employment Tribunal claim on 7 April 2025, alleging unfair dismissal, whistleblowing, and injuries caused by inaccurate RIDDOR and accident book entries. The respondent applied to strike out the claims as out of time and containing a stand-alone personal injury claim outside the tribunal's jurisdiction.
Decision
The tribunal struck out the entire claim under rule 38(1)(a) for no reasonable prospect of success. The claim was filed approximately 18 months after the dismissal with no reasonable explanation for the delay, particularly given the claimant's ability to pursue personal injury litigation during the same period and the four-week delay between contacting ACAS and filing. The 'Third Claim' was additionally struck out as a stand-alone personal injury claim over which the tribunal has no jurisdiction. The respondent's application based on the claim being a repetition of the County Court claim was refused.
Practical note
Even where a claimant is unrepresented and has mental health difficulties, a claim filed 18 months late with no adequate explanation for the delay has no reasonable prospect of establishing it was not reasonably practicable to file in time, particularly where the claimant demonstrated capacity to pursue separate litigation during the same period.
Legal authorities cited
Statutes
Case details
- Case number
- 2600349/2025
- Decision date
- 29 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Washbay Operative
- Service
- 6 years
Claimant representation
- Represented
- No