Claimant v RDF Leisure Ltd Subway
Outcome
Individual claims
Struck out because the claimant had no reasonable prospect of success in showing that the claim was presented within the applicable time limit and no reasonable prospect of success in establishing that it would be just and equitable to extend the time limit to hear the claim.
Facts
Ms Manolache brought a claim of harassment related to race against her former employer RDF Leisure Ltd Subway. The claim was brought outside the applicable time limit. At a preliminary hearing the tribunal considered whether the claim was presented in time and whether time should be extended on just and equitable grounds.
Decision
Employment Judge Eeley struck out the harassment related to race claim, finding that the claimant had no reasonable prospect of success in showing the claim was presented within the applicable time limit and no reasonable prospect of establishing that it would be just and equitable to extend time to hear the claim.
Practical note
Claimants bringing race harassment claims must be mindful of strict time limits and will face strike out at preliminary hearing if they cannot demonstrate the claim is in time or that a just and equitable extension should be granted.
Legal authorities cited
Case details
- Case number
- 6004974/2024
- Decision date
- 30 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No