Claimant v Park's of Hamilton (Coach Hirers) Ltd
Outcome
Individual claims
Claim regarding an alleged assault on 21 May 2024 was dismissed as it was presented out of time on 24 September 2024, beyond the three-month limitation period.
The detriment on ground of protected disclosure claim was struck out as it had no reasonable prospects of success and was wholly unparticularised by the claimant.
Facts
The claimant, Mr A Paulinski, brought claims against his employer Park's of Hamilton (Coach Hirers) Ltd relating to an alleged assault on 21 May 2024 and a whistleblowing detriment claim. The claim was presented on 24 September 2024. The claimant appeared in person with assistance from his brother and required a Polish language interpreter.
Decision
The tribunal dismissed the assault claim as out of time, having been presented beyond the three-month limitation period from the alleged incident. The whistleblowing detriment claim was struck out for having no reasonable prospects of success as it was wholly unparticularised by the claimant.
Practical note
Claimants must ensure claims are brought within strict time limits and must provide sufficient particulars of their claims, particularly for complex claims such as whistleblowing detriment, or risk having them dismissed or struck out at preliminary hearing.
Case details
- Case number
- 1402505/2022
- Decision date
- 9 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No