Claimant v Forbells Ltd
Outcome
Individual claims
Struck out under Rule 38(1)(c) because the claimant failed to comply with a Tribunal order.
Claim for detriment under s47B ERA 1996 was out of time. While it was not reasonably practicable to present in time, the tribunal found it was not presented within a further reasonable period thereafter.
Claim was presented outside the applicable time limit and the tribunal found it was reasonably practicable to have presented the claim in time.
Facts
Ms Gardiner brought claims against Forbells Ltd for automatic unfair dismissal under whistleblowing provisions, detriment for making protected disclosures, and unauthorised deductions from wages. The claimant was represented by counsel and the respondent by a litigation consultant. This was a preliminary hearing dealing with procedural and jurisdictional issues.
Decision
The tribunal struck out the automatic unfair dismissal claim due to the claimant's non-compliance with a tribunal order. The whistleblowing detriment claim and unauthorised deductions claim were both dismissed as out of time, with different findings on reasonable practicability. All claims failed at the preliminary stage.
Practical note
Compliance with tribunal orders is essential to avoid strike-out, and even where time limits are extended on reasonable practicability grounds, claimants must still act within a further reasonable period.
Legal authorities cited
Statutes
Case details
- Case number
- 3304188/2024
- Decision date
- 14 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Forbells Ltd
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- barrister