Claimant v Pinnacle B2B Limited
Outcome
Individual claims
The complaint was not presented within the time limit prescribed by section 111(2) of the Employment Rights Act 1996. The tribunal was satisfied that it was reasonably practicable for the claimant to present the claim in time, therefore the claim was dismissed.
The complaint was not presented within the time limit prescribed by section 123(1) of the Equality Act 2010. The tribunal did not consider it just and equitable to extend time, therefore the race discrimination complaint was dismissed.
Facts
J N Alexis brought claims for unfair dismissal and race discrimination against Pinnacle B2B Limited. The case came before the tribunal at a preliminary hearing to determine whether the claims had been brought within the statutory time limits. The claimant appeared in person while the respondent was represented by counsel.
Decision
The tribunal dismissed both claims as being out of time. For unfair dismissal, the tribunal found it was reasonably practicable for the claimant to have presented the claim within the three-month time limit. For race discrimination, the tribunal declined to exercise its discretion to extend time on just and equitable grounds.
Practical note
Unrepresented claimants face significant risk of claims being struck out on time limit grounds, particularly where they cannot demonstrate it was not reasonably practicable to claim in time or establish just and equitable reasons for extension.
Legal authorities cited
Statutes
Case details
- Case number
- 2403660/2024
- Decision date
- 27 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No