Case 3309328/2023 · Employment Tribunal
Mr S Gibson v Staffline Recruitment Limited and 1 other — 2024
- Case reference
- 3309328/2023
- Decision date
- 9 July 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Milner-Moore Representation
- Venue
- Reading ET via CVP
Parties
3 namedClaimant
Mr S Gibson
Key findings
Tribunal's reasoningAt the preliminary hearing on 8 and 9 July 2024, Employment Judge Milner-Moore struck out the claimant's disability discrimination and unfair dismissal claims because both were brought outside the relevant statutory time limits. For the disability discrimination claim, the tribunal held that Mr Gibson had no reasonable prospect of establishing that it would be just and equitable to extend time.
For the unfair dismissal claim, the tribunal held that Mr Gibson had no reasonable prospect of establishing that it was not reasonably practicable to comply with the time limit, or that the claim was presented within such further period as was reasonable. The tribunal also found that, during January and February 2023, Mr Gibson was disabled within section 6 Equality Act 2010 because of a chronic heart condition.
In light of those decisions, BMW (UK) Manufacturing Limited was dismissed as a respondent to the proceedings. The judgment states that the unlawful deduction from wages claim would continue against Staffline Recruitment Limited only; that claim was not determined in this judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Struck out as time-barred under Employment Tribunal Rule 37(1)(a); the tribunal held there was no reasonable prospect of establishing that it would be just and equitable to extend the time limit. The tribunal also found that, during January and February 2023, the claimant was a disabled person within section 6 Equality Act 2010 because of a chronic heart condition. | Struck out | Disability | — |
| Unfair dismissal | Struck out as time-barred under Employment Tribunal Rule 37(1)(a); the tribunal held there was no reasonable prospect of establishing that it was not reasonably practicable to comply with the time limit, or that the claim was presented within such further period as was reasonable. | Struck out | — | — |
Legal tests applied
4 references- just and equitable to extend the time limit
- reasonably practicable to comply with the time limit
- Employment Tribunal Rule 37(1)(a)
- section 6 Equality Act 2010
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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