Claimant v The Guinness Partnership Limited
Outcome
Individual claims
The tribunal struck out the claim for unlawful deduction from wages on the basis that it had no reasonable prospect of success. No further details of the reasoning were provided in the written judgment.
The claim was struck out as being outside the tribunal's jurisdiction. It was brought outside the statutory time limit, and the tribunal found it was reasonably practicable to bring the claim in time. The tribunal declined to extend time.
The race discrimination claim was struck out as being outside the tribunal's jurisdiction. It was brought outside the statutory time limit and the tribunal found it was not just and equitable to extend time.
The disability discrimination claim was struck out as being outside the tribunal's jurisdiction. It was brought outside the statutory time limit and the tribunal found it was not just and equitable to extend time.
Facts
Ms Roberts brought claims against The Guinness Partnership Ltd for unlawful deduction of wages, constructive unfair dismissal, and race and disability discrimination. She appeared unrepresented at a preliminary hearing. The respondent was represented by a solicitor. The judgment does not detail the underlying facts of the employment relationship or the events giving rise to the claims.
Decision
The tribunal struck out all claims. The wages claim was struck out for having no reasonable prospect of success. The constructive dismissal claim was struck out as out of time, with the tribunal finding it was reasonably practicable to have brought the claim in time. The discrimination claims were struck out as out of time, with the tribunal declining to extend time on just and equitable grounds.
Practical note
Claimants appearing in person must strictly comply with statutory time limits, as tribunals will strike out late claims where there is no good reason for the delay and no basis to extend time.
Case details
- Case number
- 2215309/2023
- Decision date
- 26 March 2024
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No