Claimant v Kimberley Ashwin
Outcome
Individual claims
The tribunal found it had no jurisdiction to consider the post termination allegations and dismissed them.
The claim was submitted out of time and the tribunal found it was not just and equitable to extend the time limit. All claims were dismissed.
Facts
Mrs Fullerton brought claims against Kimberley Ashwin as an individual respondent. The claims included post-termination allegations. The claimant appeared in person at a preliminary hearing heard remotely by CVP. The respondent was represented by counsel.
Decision
The tribunal dismissed all claims on jurisdictional grounds. It found it had no jurisdiction to consider post-termination allegations and that the claim was submitted out of time, with no just and equitable basis to extend the time limit.
Practical note
Even where a claimant is unrepresented, tribunals will strictly enforce time limits and jurisdictional requirements, and an extension will not be granted unless it is just and equitable to do so.
Case details
- Case number
- 3303659/2024
- Decision date
- 15 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Kimberley Ashwin
- Sector
- —
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No