Claimant v Cloud Imperium Games Limited
Outcome
Individual claims
The claim was presented outside the time limit in Section 111 Employment Rights Act 1996. The tribunal found it was reasonably practicable for the claim to be presented within the time limit. The tribunal therefore had no jurisdiction to hear the claim and it was struck out.
The claim was presented outside the time limit in Section 123(1) Equality Act 2010. The tribunal found it was not just and equitable to extend time. The tribunal therefore had no jurisdiction to hear the claim and it was struck out.
The claim was presented outside the time limit in Section 123(1) Equality Act 2010. The tribunal found it was not just and equitable to extend time. The tribunal therefore had no jurisdiction to hear the claim and it was struck out.
The claim for disability related harassment was presented outside the time limit in Section 123(1) Equality Act 2010. The tribunal found it was not just and equitable to extend time. The tribunal therefore had no jurisdiction to hear the claim and it was struck out.
The claim was presented outside the time limit in Section 123(1) Equality Act 2010. The tribunal found it was not just and equitable to extend time. The tribunal therefore had no jurisdiction to hear the claim and it was struck out.
Facts
The claimant brought claims against his former employer, a video game development company, for automatic unfair dismissal based on whistleblowing (s.103A ERA 1996) and multiple disability discrimination claims including direct discrimination, failure to make reasonable adjustments, harassment, and victimisation. All claims were presented to the tribunal outside the statutory time limits.
Decision
The tribunal struck out all claims for lack of jurisdiction due to being presented out of time. For the automatic unfair dismissal claim, it found it was reasonably practicable for the claimant to have presented the claim within the s.111 ERA time limit. For the Equality Act claims, the tribunal found it was not just and equitable to extend the s.123(1) time limit.
Practical note
Self-represented claimants must adhere strictly to statutory time limits, and tribunals will not extend time for Equality Act claims unless the just and equitable test is satisfied, which requires more than mere oversight or difficulty in bringing claims on time.
Legal authorities cited
Statutes
Case details
- Case number
- 6015281/2024
- Decision date
- 9 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No