Cases3302932/2024

Claimant v XMA Ltd

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

Complaint not presented within the applicable time limit and it was reasonably practicable to do so. Tribunal had no jurisdiction to hear the claim.

Automatic Unfair Dismissalstruck out

Complaint of automatic unfair dismissal by reason of TUPE not presented within the applicable time limit and it was reasonably practicable to do so. Tribunal had no jurisdiction.

Direct Discrimination(race)struck out

Complaints not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend the time limit. Claims dismissed for lack of jurisdiction.

Discrimination Arising from Disability (s.15)(disability)struck out

Complaints not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend the time limit. Claims dismissed for lack of jurisdiction.

Direct Discrimination(age)struck out

Complaints not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend the time limit. Claims dismissed for lack of jurisdiction.

Harassment(disability)struck out

Complaints of harassment related to disability not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend the time limit.

Victimisationstruck out

Complaints of victimisation not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend the time limit. Claims dismissed for lack of jurisdiction.

Facts

Mr Lasoju brought claims against XMA Ltd including unfair dismissal (including automatic unfair dismissal by reason of TUPE), race discrimination, disability discrimination, age discrimination, harassment related to disability, and victimisation. This was a preliminary hearing to determine jurisdiction based on time limits.

Decision

The tribunal dismissed all claims on jurisdictional grounds. For the unfair dismissal claims, the tribunal found it was reasonably practicable to present the claims in time. For all discrimination claims, the tribunal found it was not just and equitable to extend the time limit.

Practical note

Claimants must strictly comply with time limits; tribunals will dismiss claims presented out of time unless the claimant can demonstrate it was not reasonably practicable (for unfair dismissal) or that it is just and equitable (for discrimination) to extend time.

Legal authorities cited

Case details

Case number
3302932/2024
Decision date
21 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister