Elysium Healthcare Ltd

Case Summary

The claimant's unfair dismissal claim was struck out on the grounds that it had no reasonable prospect of success due to being brought out of time. The claimant was dismissed on 31 October 2024, and the deadline for presentation to the tribunal was 3 February 2025, but the claim was not presented until 24 February 2025. The tribunal found the claimant had access to information about time limits and failed to demonstrate it was not reasonably practicable to submit the claim on time.

The claim was struck out because it was presented out of time and the tribunal found no reasonable prospect of the claimant succeeding on the basis that it was not reasonably practicable to present the claim within the three-month deadline, as the claimant had access to information through ACAS and government websites regarding time limits.

• •time limits for presenting unfair dismissal claim
• •whether it was reasonably practicable to present claim within three-month deadline
• •whether claimant received adequate advice on time limits

1 EMPLOYMENT TRIBUNALS Claimant: Ms Stephanie Ehioze Respondent: Elysium Healthcare Limited Heard at: Watford via video On: 10 March 2026 Before: Employment Judge MJ Smith Appearances For the claimant: In person For the respondent: Mr Andrew Sugarman (counsel) JUDGMENT 1. The application to strike out the claim under Employment Tribunal Rule 38(1)(e) is allowed. 2. The claimant’s claim for unfair dismissal is dismissed. REASONS Introduction 3. The claimant was employed by the respondent, a company that operates specialist hospitals, residential settings and community based homes, as senior healthcare assistant, from 18 December 2017 until 31 October 2024. Early conciliation started on 13 December 2024 and ended on 17 December 2024. The claim form was presented on 24 February 2025. The claim was about unfair dismissal. 2 4. A preliminary hearing was listed on 10 March 2026 to deal with the respondent’s strike out under rule 38(1)(a) of the Employment Tribunal Procedure Rules 204 on the basis that the claimant’s claim has no reasonable prospects of success due to it being brought out of time. 5. The claimant was given an opportunity to clarify her claims and the chronology of events. The claimant accepted that she had been dismissed on 31 October 2024. Taking into account the ACAS dates the deadline for presentation of the claimant’s claim to the tribunal was 3 February 2025. 6. The claimant gave sworn evidence during the course of the hearing and was questioned by me and by the respondent’s representative. The claimant stated that she had been represented by a trade union representative throughout the capability process. When she could no longer pay her subscriptions the union was not able to act for her and she contacted the Citizen’s Advice Bureau. She was advised to contact ACAS and did so. She stated that no one had informed her of the time limits at any point and that as…