Claimant v Barik Sikandari
Outcome
Individual claims
Struck out pursuant to Rule 38 because the Claimant had no reasonable prospects of showing either that it was not reasonably practicable to present the claim within three months or, if that were the case, that he presented the claim within a reasonable period thereafter. The claim was presented outside the statutory time limit.
Struck out pursuant to Rule 38 because the Claimant had no reasonable prospects of showing either that it was not reasonably practicable to present the claim within three months or, if that were the case, that he presented the claim within a reasonable period thereafter. The claim was presented outside the statutory time limit.
Struck out pursuant to Rule 38 because the Claimant had no reasonable prospects of showing either that it was not reasonably practicable to present the claim within three months or, if that were the case, that he presented the claim within a reasonable period thereafter. The claim was presented outside the statutory time limit.
Facts
The Claimant brought claims for unfair dismissal, unlawful deductions from wages, and wrongful dismissal against two Respondents. The claims were presented outside the statutory time limits. The Respondents also brought a counterclaim but withdrew it, accepting that if the Claimant was not an employee, the Tribunal had no jurisdiction to hear it.
Decision
The Tribunal struck out all of the Claimant's claims under Rule 38 because the Claimant had no reasonable prospects of showing it was not reasonably practicable to present the claims within three months or that they were presented within a reasonable period thereafter. The Respondents' counterclaim was dismissed upon withdrawal, and their application for costs was also dismissed.
Practical note
Claims presented outside statutory time limits will be struck out unless the claimant can demonstrate reasonable prospects of proving it was not reasonably practicable to bring them in time and that they were brought within a reasonable period thereafter.
Legal authorities cited
Statutes
Case details
- Case number
- 6009539/2024
- Decision date
- 28 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Barik Sikandari
- Sector
- —
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep