Cases6000350/2024

Claimant v Bristol Quality Care Limited

28 May 2025Before Employment Judge C H O'RourkeBristolin person

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalstruck out

Claim dismissed for want of jurisdiction as it was presented outside the statutory time limit. The tribunal found it lacked jurisdiction to hear the claim.

Constructive Dismissalstruck out

Claim dismissed for want of jurisdiction as it was presented outside the statutory time limit. The tribunal found it lacked jurisdiction to hear the claim.

Detrimentstruck out

Claim of detriment on grounds of protected disclosure and health and safety dismissed for want of jurisdiction as it was presented outside the statutory time limit.

Whistleblowingstruck out

Claim dismissed for want of jurisdiction as it was presented outside the statutory time limit. The tribunal found it lacked jurisdiction to hear the claim.

Unlawful Deduction from Wagesstruck out

Claim dismissed for want of jurisdiction as it was presented outside the statutory time limit. The tribunal found it lacked jurisdiction to hear the claim.

Breach of Contractstruck out

Claim dismissed for want of jurisdiction as it was presented outside the statutory time limit. The tribunal found it lacked jurisdiction to hear the claim.

Holiday Paystruck out

Claim for arrears of holiday pay dismissed for want of jurisdiction as it was presented outside the statutory time limit.

Facts

Ms Kuczaj brought claims against Bristol Quality Care Limited including automatic constructive unfair dismissal, whistleblowing detriment, health and safety detriment, unlawful deductions from wages, breach of contract and arrears of holiday pay. The claimant appeared in person with an interpreter. The respondent was represented by a solicitor. A preliminary hearing was held to determine jurisdictional issues relating to time limits.

Decision

Employment Judge O'Rourke dismissed all of the claimant's claims for want of jurisdiction, finding that they were presented outside the statutory time limits. No extension of time was granted.

Practical note

Even meritorious claims will be struck out if presented outside statutory time limits and the tribunal cannot be persuaded to extend time on just and equitable or not reasonably practicable grounds.

Case details

Case number
6000350/2024
Decision date
28 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No