Mr SM Walker and Ms DE Leake v Welbeck House Limited (in liquidation) — 2022

Mr Walker and Ms Leake presented their claim on 11 July 2022. The tribunal recorded that they sought a protective award following dismissal by reason of redundancy without consultation on 30 April 2020 when the respondent went into liquidation. The reasons note that the claims were nearly two years out of time under section 192 of the Trade Union and Labour Relations (Consolidation) Act 1992, and that the claim form gave no explanation for the delay or for why it was not reasonably practicable to present the complaint within the three-month time limit.

The hearing on 8 November 2022 was listed to decide whether the claims were out of time or whether time should be extended. Neither party attended. After the lead claimant was contacted, he said he had thought the hearing was on 10 November 2022 and would therefore not attend. He later emailed the tribunal the following day saying he had been ill. Employment Judge Butler found those explanations inconsistent, not credible, and not reasonable.

The tribunal held that a claimant who issues a Tribunal claim must actively pursue it, including by attending hearings. Because the claimants had not done so, the tribunal struck out the claims for non-pursuit. The judgment does not record any monetary award because the claims were not determined on their merits.