Claimant v FCC Waste Management Limited
Outcome
Individual claims
The claim was dismissed because it was not presented within the applicable statutory time limit and the tribunal found it was reasonably practicable for the claimant to have presented the claim in time.
Facts
Mr Waclawczyk brought a claim against FCC Waste Management Limited (formerly Urbaser Limited). The claim was presented to the tribunal outside the applicable statutory time limit. A preliminary hearing was held via video conference to determine whether the claim should proceed.
Decision
The tribunal found that the claim was not presented within the applicable time limit and that it was reasonably practicable for the claimant to have presented the claim in time. As a result, the entire claim was dismissed.
Practical note
Claimants must strictly observe statutory time limits for bringing employment tribunal claims, and claims will be dismissed at preliminary hearing if filed late where it was reasonably practicable to file in time.
Legal authorities cited
Case details
- Case number
- 3200832/2024
- Decision date
- 21 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- waste management
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No