Cases1305977/2024

Claimant v Align Technology UK Limited

14 February 2025Before Employment Judge KenwardBirminghamin person

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

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

Direct Discrimination(religion)struck out

The complaint was not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend the time limit, therefore the claim was dismissed.

Facts

Mr Johal brought claims of unfair dismissal and discrimination on grounds of religion/belief against his former employer Align Technology UK Limited. This was a preliminary hearing to determine whether the claims had been presented within the applicable time limits.

Decision

The tribunal dismissed both claims as they were presented outside the applicable time limits. For unfair dismissal, it found it was reasonably practicable to have presented the claim in time. For the religion/belief discrimination claim, the tribunal determined it was not just and equitable to extend the time limit.

Practical note

Unrepresented claimants must be aware of strict time limits for presenting employment tribunal claims, as tribunals will not automatically extend time even where claims appear to have merit on their substance.

Legal authorities cited

Case details

Case number
1305977/2024
Decision date
14 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
technology
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No