Claimant v Valve Components Ltd (In Administration)
Outcome
Individual claims
The claim under section 189 TULCRA was presented outside the statutory three-month time limit. The claimant was dismissed on 25 June 2024 and the claim was not filed until 18 February 2025. The claimant did not attend the preliminary 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 and found it had no jurisdiction.
Facts
The claimant was dismissed on 25 June 2024 from Valve Components Ltd, a company in administration. He presented a claim under section 189 TULCRA (failure to inform and consult) on 18 February 2025, nearly eight months after dismissal. The claimant did not attend the preliminary hearing convened to consider the time bar issue and provided no explanation for his absence or for the delay in filing.
Decision
The tribunal found it had no jurisdiction to hear the claim as it was presented well outside the three-month statutory 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 or that it was presented within a reasonable period thereafter.
Practical note
Claims under section 189 TULCRA are subject to a strict three-month time limit with a 'not reasonably practicable' extension test, and claimants who fail to attend hearings on time bar issues without explanation are likely to have their claims struck out for lack of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 8000409/2025
- Decision date
- 16 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No