Cases→6004526/2024

Claimant v G4S Secure Solutions (UK) Limited

10 March 2025Before Employment Judge AspdenMiddlesbroughin person

Outcome

Claimant fails

Individual claims

Failure to Inform & Consultstruck out

The complaint under TUPE Regulations 2006 was not presented within the applicable time limit. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time, and therefore the claim was dismissed.

Direct Discrimination(age)struck out

The age discrimination complaint under the Equality Act 2010 was not presented within the applicable time limit. The tribunal decided it was not just and equitable to extend the time limit, and therefore the claim was dismissed.

Detrimentstruck out

The part-time worker detriment complaint under the Part-Time Workers Regulations 2000 was not presented within the applicable time limit. The tribunal decided it was not just and equitable to extend the time limit, and therefore the claim was dismissed.

Facts

H Rhea was a part-time worker who brought claims against two employers, G4S Secure Solutions (UK) Limited and Staffline Recruitment Limited, involving TUPE regulations, age discrimination, and part-time worker detriment. The case involved a TUPE transfer situation. The claimant appeared in person while both respondents were represented by solicitors.

Decision

Employment Judge Aspden dismissed all claims on time limit grounds at a preliminary hearing. The TUPE claim was dismissed because it was reasonably practicable to present it in time. The age discrimination and part-time worker detriment claims were dismissed because the tribunal declined to extend time on just and equitable grounds.

Practical note

Claimants must strictly adhere to time limits, particularly for TUPE claims where the reasonably practicable test applies, as tribunals will not extend time without compelling reasons even for discrimination claims under the more flexible just and equitable test.

Legal authorities cited

Statutes

Transfer of Undertakings (Protection of Employment) Regulations 2006Equality Act 2010Part-Time Workers (Protection from less favourable Treatment) Regulations 2000

Case details

Case number
6004526/2024
Decision date
10 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
G4S Secure Solutions (UK) Limited
Sector
professional services
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No
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