Claimant v Suez Recycling and Recovery (UK) Limited
Outcome
Individual claims
Respondent's strike-out application on the basis of no reasonable prospects of success was rejected by the tribunal. The claim will proceed to a final hearing to be determined on the merits.
Discrimination complaints relating to matters pre-dating the dismissal on 19 June 2024 were struck out as out of time, with no reasonable prospect of establishing continuing act or just and equitable extension.
Discrimination complaints arising out of the dismissal itself survived the strike-out application and will proceed to final hearing. Tribunal rejected respondent's argument that they had no reasonable prospects of success.
Facts
Ms Whyte was dismissed by Suez Recycling and Recovery (UK) Limited on 19 June 2024. She brought claims of unfair dismissal and discrimination. The discrimination claims included allegations relating to matters both before and arising from the dismissal itself. The respondent applied to strike out the claims on the basis they had no reasonable prospects of success, or alternatively for a deposit order.
Decision
The tribunal struck out discrimination complaints relating to pre-dismissal matters as out of time with no reasonable prospect of establishing continuing act or just and equitable extension. However, the unfair dismissal claim and discrimination complaints arising from the dismissal itself survived, with the tribunal rejecting both the strike-out application and deposit order application. These claims will proceed to final hearing.
Practical note
At preliminary hearings on strike-out applications, tribunals will carefully distinguish between time-barred historical complaints and in-time claims, allowing arguable claims to proceed to full merits hearing even where the respondent contests prospects of success.
Legal authorities cited
Case details
- Case number
- 2404943/2024
- Decision date
- 14 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- waste management
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No