Claimant v Virgin Atlantic Airways Limited
Outcome
Individual claims
Claim struck out as it was submitted out of time and the Tribunal did not have jurisdiction to hear it. The claim related to unauthorised deductions from wages during the claimant's suspension from 22 January 2024 to 2 April 2024. The claimant failed to provide convincing reasons why the ET1 was submitted 7.5 months after the primary time limit expired, and did not demonstrate it was not reasonably practicable to submit on time given she was a trade union member with access to advice and had previous tribunal experience.
Facts
The claimant was suspended from work by Virgin Atlantic between 22 January 2024 and 2 April 2024, during which time she suffered unauthorised deductions from wages. Her pay was reinstated on 2 April 2024. The claimant did not begin ACAS early conciliation until 5 December 2024 and filed her ET1 on 13 February 2025, approximately 7.5 months after the primary time limit expired on 1 July 2024. The claimant was a trade union member with access to advice and had been involved in several previous employment tribunal claims in 2021.
Decision
The tribunal struck out the claim as it was submitted significantly out of time and the claimant failed to demonstrate it was not reasonably practicable to submit on time or within a reasonable period thereafter. The claimant's explanation relating to her father's Alzheimer's diagnosis and his dog being put to sleep was insufficient, particularly given her trade union membership, access to advice, and previous tribunal experience.
Practical note
Even personal difficulties will not excuse significant delay in filing tribunal claims where the claimant has access to trade union advice and previous tribunal experience, and the onus remains firmly on the claimant to establish why it was not reasonably practicable to file on time.
Legal authorities cited
Statutes
Case details
- Case number
- 6004918/2025
- Decision date
- 4 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- Yes
Claimant representation
- Represented
- No