Claimant v Springboard UK Charity
Outcome
Individual claims
Struck out under Rule 38 as claim was presented over 5 years out of time with no satisfactory explanation for delay. Claimant failed to comply with case management orders and did not engage with tribunal process. Fair hearing no longer possible due to excessive delay.
Struck out under Rule 38 as claim was presented over 5 years out of time with no satisfactory explanation for delay. Claimant failed to provide any details of the discrimination alleged despite nearly 7 years to articulate complaints. Fair hearing no longer possible.
Struck out under Rule 38 as claim was presented over 5 years out of time with no satisfactory explanation for delay. Claimant failed to provide any details of the discrimination alleged or which actions were discriminatory. Fair hearing no longer possible.
Struck out under Rule 38 as claim was presented over 5 years out of time with no satisfactory explanation for delay. Claimant failed to clarify what disability he claimed or what discriminatory actions occurred. Fair hearing no longer possible.
Facts
Claimant was employed by the respondent charity for only two months from January to March 2018. He filed claims for unfair dismissal and discrimination on grounds of age, race and disability in February 2024, nearly six years after his employment ended and over 5 years out of time. Claimant failed to comply with case management orders, did not provide documents as directed, and failed to engage with the tribunal process despite multiple attempts by the respondent to contact him.
Decision
The tribunal struck out all claims under Rule 38 on the grounds that the claims were filed over 5 years out of time with no satisfactory explanation for the delay, and the claimant's persistent failure to engage with the tribunal process meant a fair hearing was no longer possible. The judge found that allowing the claim to proceed would place an unreasonable burden on the respondent and consume scarce tribunal resources on a claim with no reasonable prospect of success.
Practical note
Employment tribunal claims filed over 5 years out of time with no credible explanation for delay will be struck out, particularly where the claimant fails to comply with case management orders and cannot articulate the substance of their complaints.
Legal authorities cited
Statutes
Case details
- Case number
- 2301941/2024
- Decision date
- 4 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Service
- 2 months
Claimant representation
- Represented
- No