Cases2501700/2024

Claimant v Nissan Motor Manufacturing UK Ltd

30 May 2025Before Employment Judge JeramNewcastlehybrid

Outcome

Claimant fails

Individual claims

Constructive Dismissalstruck out

The claim was not presented within the applicable time limit and it was practicable for the claimant to have done so. The tribunal therefore dismissed the claim for being out of time.

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

The claim was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend the time limit. The claim was therefore dismissed.

Harassment(disability)struck out

The disability-related harassment claim was not presented within the applicable time limit and the tribunal found it was not just and equitable to extend the time limit. The claim was therefore dismissed.

Facts

Mr Hall brought claims of unfair constructive dismissal and disability discrimination/harassment against his former employer Nissan Motor Manufacturing UK Ltd. The matter came before the tribunal as a preliminary hearing to determine time limit issues.

Decision

The tribunal dismissed all claims as being out of time. For the unfair constructive dismissal claim, the tribunal found it was practicable for the claimant to have presented the claim in time. For the disability discrimination and harassment claims, the tribunal found it was not just and equitable to extend the time limit.

Practical note

This case demonstrates the strict approach tribunals can take to time limits, particularly where unrepresented claimants fail to show good reason why claims were not presented in time or why it would be just and equitable to extend time for discrimination claims.

Case details

Case number
2501700/2024
Decision date
30 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
manufacturing
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No