Claimant v Rose Care Group
Outcome
Individual claims
The claim was not presented within the applicable time limit. The tribunal found it was reasonably practicable for the claimant to have presented the claim within the time limit. Therefore the claim was dismissed on jurisdictional grounds.
Facts
Mrs Sabu brought an employment claim against Rose Care Group. The respondent applied to strike out the claim. A preliminary hearing was held by video on 27 June 2025 to determine jurisdictional issues. The claimant appeared in person with the assistance of a translator, while the respondent was represented by Peninsula.
Decision
The tribunal dismissed the respondent's application for strike out but found that the claim was presented outside the applicable time limit. The tribunal determined it was reasonably practicable for the claimant to have presented the claim in time, and therefore dismissed the claim on jurisdictional grounds.
Practical note
Even where a strike-out application fails, a claim can still be dismissed if it is presented outside the statutory time limit and the claimant cannot satisfy the reasonable practicability test.
Legal authorities cited
Case details
- Case number
- 1403379/2023
- Decision date
- 27 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Rose Care Group
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No