Claimant v Almond Care Ltd
Outcome
Individual claims
Dismissed because the tribunal does not have jurisdiction to consider the claim as it was out of time.
Claim for detriment for making a flexible working request dismissed as out of time and tribunal lacks jurisdiction.
Claim for detriment under s45A(1) ERA 1996 for alleging employer infringed rights under Working Time Regulations 1998 dismissed as out of time.
Facts
Mrs Thomas brought claims against Almond Care Ltd including breach of contract, detriment for making a flexible working request, and detriment for alleging infringement of Working Time Regulations rights. The case was heard at a preliminary hearing to determine whether the tribunal had jurisdiction.
Decision
The tribunal dismissed all claims on the basis that they were out of time and the tribunal therefore lacked jurisdiction to hear them. The claimant represented herself and the respondent was represented by Ms Hussain.
Practical note
Claimants must strictly adhere to statutory time limits for bringing employment tribunal claims or they will be dismissed for lack of jurisdiction regardless of merit.
Legal authorities cited
Statutes
Case details
- Case number
- 1305710/2024
- Decision date
- 24 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Almond Care Ltd
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No