Claimant v Valve Components Ltd (In Administration)
Outcome
Individual claims
Claim under section 189 TULCRA (failure to inform and consult on collective redundancies) was struck out as time barred. The claim was presented over 13 months after the claimant's dismissal date of 15 March 2024, well outside the three-month time limit. The claimant failed to attend the hearing and provided no evidence that it was not reasonably practicable to present the claim in time, so the Tribunal had no basis to extend time under s.189(5)(c).
Facts
The claimant was dismissed on 15 March 2024 from Valve Components Limited, which later went into administration. He presented a claim on 6 May 2025 under section 189 TULCRA alleging failure to inform and consult on collective redundancies. The claimant did not attend the preliminary hearing on 12 September 2025 and did not respond to attempts by the Tribunal to contact him. The administrator had consented to the continuation of proceedings.
Decision
The Tribunal struck out the claim as it lacked jurisdiction due to the claim being presented over 13 months out of time. Section 189(5) TULCRA requires claims to be presented within three months of the last dismissal unless it was not reasonably practicable to do so. The claimant provided no evidence to satisfy the Tribunal that the extension should be granted, so the claim was dismissed as time barred.
Practical note
Claims under section 189 TULCRA for failure to consult on collective redundancies are subject to strict three-month time limits, and claimants bear the burden of proving it was not reasonably practicable to comply if seeking an extension.
Legal authorities cited
Statutes
Case details
- Case number
- 8001098/2025
- Decision date
- 18 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No