Cases2600349/2025

Claimant v Treasure Transport Services Limited

29 September 2025Before Employment Judge OstMidlands Eastin person

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

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.

Whistleblowingstruck out

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.

Otherstruck out

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

Balls v Downham Market High School [2011] IRLR 217Mbuisa v Cygnet Healthcare Ltd EAT 0119/18North Glamorgan NHS Trust v Ezsias [2007] IRLR 603Anyanwu v South Bank Student Union [2001] ICR 391Tayside Public Transport Co Ltd v Reilly [2012] IRLR 755Cox v Adecco Group UK & Ireland [2021] ICR 1307HM Prison Service v Dolby [2003] IRLR 694Hasan v Tesco Stores Ltd UKEAT/0098/16Hemdan v Ishmail [2017] ICR 486

Statutes

ERA 1996 s.111(2)Employment Tribunal Procedure Rules 2024 r.38(1)(a)Employment Tribunal Procedure Rules 2024 r.40ERA 1996 s.48(3)

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