Claimant v Biffa Waste Services Ltd
Outcome
Individual claims
The complaint of being subject to detriments for making protected disclosures was struck out on the ground it had no reasonable prospect of success because it was presented out of time.
The complaint for unauthorised deductions from wages was struck out on the ground it had no reasonable prospect of success.
Facts
Mr McGuigan brought claims against his employer Biffa Waste Services Ltd for whistleblowing detriment and unauthorised deductions from wages. The respondent successfully applied to strike out both claims at a preliminary hearing. The claimant appeared in person while the respondent was represented by counsel.
Decision
The tribunal struck out both claims on the ground that they had no reasonable prospect of success. The whistleblowing detriment claim was presented out of time, and the unauthorised deductions claim lacked merit.
Practical note
Whistleblowing detriment claims must be brought within the statutory time limits, and claims presented out of time may be struck out at a preliminary hearing if they have no reasonable prospect of succeeding on time limit grounds.
Case details
- Case number
- 3308135/2023
- Decision date
- 6 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- logistics
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No