Claimant v Bakkavor Foods Limited
Outcome
Individual claims
The tribunal found it was reasonably practicable for the claimant to have brought the claim within the statutory time limit, and therefore dismissed the claim for being out of time.
The tribunal determined it was not just and equitable to extend the time period for bringing the disability discrimination claims, and therefore dismissed them as out of time.
Facts
Mr Gola brought claims for unfair dismissal and disability discrimination against Bakkavor Foods Limited. The claimant did not attend the preliminary hearing. The tribunal considered whether the claims had been brought within the applicable time limits.
Decision
The tribunal dismissed all claims on the grounds they were out of time. The unfair dismissal claim was dismissed because it was reasonably practicable to bring it in time. The disability discrimination claims were dismissed because it was not just and equitable to extend time.
Practical note
Claimants who fail to attend preliminary hearings on time limit issues and who bring claims out of time risk having all their claims dismissed without consideration of the merits.
Legal authorities cited
Case details
- Case number
- 2600657/2024
- Decision date
- 28 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No