Claimant v Valve Components Ltd (In Administration)
Outcome
Individual claims
The claim for a protective award under section 189 TULCRA had been previously dismissed under Rule 52 of the Employment Tribunal Regulations in a judgment dated 30 July 2024, and therefore could not be considered by the Tribunal at this hearing.
The Tribunal found it did not have jurisdiction to consider the claim as it was lodged outside the three month statutory time limit under Section 7 of the Employment Tribunal Extension of Jurisdiction (Scotland) Order 1996, and the Tribunal could not be satisfied that it was not reasonably practicable to bring the claim within that time limit.
Facts
The claimant brought claims against a company in administration for a protective award under section 189 TULCRA and for breach of contract. The protective award claim had been previously dismissed under Rule 52 in July 2024. The respondent company was in administration and did not appear at the preliminary hearing held remotely on 11 September 2025.
Decision
The Tribunal dismissed both claims. The protective award claim could not be considered as it had been previously dismissed under Rule 52. The breach of contract claim was dismissed as it was out of time under the three month statutory limit, and the claimant could not satisfy the Tribunal that it was not reasonably practicable to bring the claim in time.
Practical note
Employment tribunal time limits are strictly enforced, particularly for breach of contract claims under the Extension of Jurisdiction Order, where claimants must demonstrate it was not reasonably practicable to comply with the three month deadline.
Legal authorities cited
Statutes
Case details
- Case number
- 8000733/2025
- Decision date
- 19 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No