Cases→2219119/2023

Claimant v St James Group Ltd

4 February 2025Before Employment Judge T.R. SmithLondon Centralremote video

Outcome

Partly successful

Individual claims

Unfair Dismissalstruck out

Claimant had less than two years' service. Section 108 of the Employment Rights Act 1996 requires not less than two years' service to bring an unfair dismissal complaint, therefore the claim had no jurisdiction and was struck out.

Direct Discrimination(race)not determined

Respondent's strike-out application was refused. The claim was presented out of time but tribunal found it just and equitable to extend the time limit. The claim will proceed to a full merits hearing.

Harassment(race)partly succeeded

Harassment claims relating to dismissal were allowed to proceed (strike-out application refused, time extended on just and equitable grounds). However, all other harassment complaints not relating to dismissal were struck out as having no reasonable prospect of success.

Victimisationstruck out

Struck out under Employment Tribunal Rule 37(1)(a) because the claim had no reasonable prospect of success.

Facts

Claimant with less than two years' service brought claims of unfair dismissal, direct race discrimination, harassment related to race, and victimisation following her dismissal. The respondent applied to strike out various claims. Some claims were presented outside the applicable time limits.

Decision

The tribunal struck out the unfair dismissal claim due to insufficient service. The victimisation claim and most harassment claims (except relating to dismissal) were struck out as having no reasonable prospect of success. Direct race discrimination and harassment relating to dismissal were allowed to proceed, with time limits extended on just and equitable grounds.

Practical note

At preliminary hearings, tribunals will strike out claims with jurisdictional bars (like insufficient service) but may allow discrimination claims to proceed even if presented late where just and equitable, while still striking out specific allegations lacking reasonable prospects.

Legal authorities cited

Statutes

ERA 1996 s.108Employment Tribunal Rule 37(1)(a)

Case details

Case number
2219119/2023
Decision date
4 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
St James Group Ltd
Sector
other
Represented
Yes
Rep type
solicitor

Employment details

Service
2 years

Claimant representation

Represented
No
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