Claimant v Equans E&S Solutions Limited
Outcome
Individual claims
The tribunal found that the claimant had no reasonable prospect of persuading the tribunal at the final hearing that his claims were presented in time, and accordingly struck out all claims pursuant to Rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024.
Facts
Mr Turay brought claims against Equans E&S Solutions Limited. A preliminary hearing was held to determine whether the claims were presented in time. The claimant was represented by counsel, while the respondent appeared in person. The respondent also applied for costs.
Decision
The Employment Judge found that the claimant had no reasonable prospect of persuading the tribunal at a final hearing that his claims were presented in time. The claims were struck out pursuant to Rule 38(1)(a) of the Employment Tribunal Procedure Rules 2024, and the final hearing was vacated. The respondent's application for costs was refused.
Practical note
Claims must be brought within statutory time limits, and where there is no reasonable prospect of establishing they were presented in time, they will be struck out at a preliminary hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2301782/2024
- Decision date
- 19 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- No
- Rep type
- self
Claimant representation
- Represented
- Yes
- Rep type
- barrister