Case 1308467/2019 · Employment Tribunal
Miss Hayley Walker v Casa Care Limited T/A Care Watch South Warwickshire PRELIMINARY HEARING — 2022
- Case reference
- 1308467/2019
- Decision date
- 16 September 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Steward
- Venue
- Birmingham
Parties
2 namedClaimant
Miss Hayley Walker
Key findings
Tribunal's reasoningAt a preliminary hearing in Birmingham on 16 September 2022, Employment Judge Steward considered whether Miss Walker’s tribunal claim had been presented within the primary three-month time limit plus the early conciliation extension. The judgment states that the relevant question was whether it had not been reasonably practicable to present the claim in time, and it cites Palmer and Saunders v Southend-on-Sea Borough Council, Schultz v Esso Petroleum Ltd, Wall’s Meat Co Ltd v Khan, and ERA sections 48 and 111.
The tribunal found that the claim was significantly out of time. Miss Walker decided to attempt to proceed by way of conciliation/arbitration, and when questioned she accepted that she knew of the time limits. The judge recorded that she was not physically incapacitated and had access to legal advice and the internet.
On those facts, the tribunal held that there was no reason why the claim could not have been presented within the correct time limit. The claim therefore did not satisfy the first hurdle on time limits and was dismissed. The judgment records no monetary award.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The extracted judgment does not identify the substantive cause of action. It decides only the preliminary issue of time limits, finds that it was reasonably practicable for the claim to have been presented in time, and dismisses the claim as out of time. | Dismissed | — | — |
Legal tests applied
5 references- ERA sections 48 and 111
- not reasonably practicable
- Palmer and Saunders v Southend-on-Sea Borough Council
- Schultz v Esso Petroleum Ltd
- Wall's Meat Co Ltd v Khan
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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