Cases2217495/2024

Claimant v Dexters London Limited

27 May 2025Before Employment Judge EmeryLondon Centralremote video

Outcome

Other

Individual claims

Failure to Inform & Consultnot determined

Both respondents applied to strike out the TUPE regulation 13 failure to consult claim on grounds of no reasonable prospects of success, and for deposit orders on grounds of little reasonable prospects. The tribunal refused both the strike-out applications and the deposit order applications, allowing the claim to proceed.

Harassment(disability)not determined

Second respondent applied to strike out the disability harassment claim under s.26 Equality Act 2010 on grounds the tribunal had no jurisdiction and no reasonable prospects of success, and applied for a deposit order. The tribunal refused both applications, allowing the claim to proceed.

Wrongful Dismissalstruck out

Claimant applied to amend to add a wrongful dismissal claim. The tribunal refused the amendment on the basis that it was reasonably practicable to bring this claim within the primary limitation period, meaning the claim was out of time and could not be added.

Facts

The claimant brought claims against two respondents relating to a TUPE transfer, including failure to consult under TUPE regulations and disability harassment under the Equality Act 2010. Both respondents applied to strike out the TUPE claim and the second respondent applied to strike out the harassment claim, with both also seeking deposit orders. The claimant also applied to amend to add a wrongful dismissal claim.

Decision

The tribunal refused all strike-out and deposit order applications, finding that the TUPE failure to consult claim and the disability harassment claim had sufficient merit to proceed. However, the tribunal refused the claimant's amendment application to add wrongful dismissal, finding it was reasonably practicable to bring that claim within the primary limitation period.

Practical note

Respondents' applications to strike out claims at preliminary hearings face a high threshold, and tribunals will allow claims with arguable merit to proceed to full hearing even where prospects are questioned.

Legal authorities cited

Statutes

TUPE Regulations s.13Equality Act 2010 s.26

Case details

Case number
2217495/2024
Decision date
27 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
real estate
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep