Valve Components Ltd (in Administration)
Case Summary
The Employment Tribunal dismissed the claim due to it being time-barred, as no evidence was provided that it was not reasonably practicable for the claimant to lodge the complaint within the limitation period.
Key Issues
- •time bar under Section 189 of TULCRA
Claim Types
Decision Text
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No:8000409/2025 Held inGlasgow via Cloud Video Platform (CVP)on10 September 2025 Employment JudgeL Doherty Mr S ComptonClaimant No appearance and No representation Valve Components Ltd (in Administration)Respondent Noappearance and No representation JUDGMENT OF THE EMPLOYMENT TRIBUNAL The Judgment of the Employment Tribunal is that it does not have jurisdiction to consider the claimant’s claim under Section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 (TULCRA). REASONS 1.This was a Preliminary Hearing (PH) to consider the issue of time bar arising from the claimant’s claim presented under section 189 of TULCRA. The preliminary hearingwas fixed to take place by CVP. A notice of the hearing and a CVP link was sent to the claimant. 2.The claimant did not attend the hearing and was nothing before the Tribunal to explain why he was unable to attend. In the circumstances,the Tribunal considered it consistent with the overridingobjective in the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2024 (the Rules) to proceed with the PH in theclaimant’s absence. It did so,taking into account the material before it in the ET1. Findings infact 3.The respondent is inadministration,but the administrator consented to the continuation of these proceedings in a letter dated27 February 2025. 8000409/2025Page2 4.The ET1 was presented on18 February 2025. The ET1 stated that the claimant had been dismissed on25 June 2024. The date of presentation of the ACAA certificate was26 August 2024and the date of issue of the certificate was30 August 2024. 5.There was no information in the ET1 about the date of the last dismissal to which the compliant related, other than the date of the claimant’s dismissal. Consideration 6.Section 189(5) of TULCR provides as follows in connection with the time limit for presenting a claim un...
Employer
Case Details
- Case Number
- 8000409/2025
- Decision Date
- 16/09/2025
- Published
- 14/11/2025
- Jurisdiction
- Scotland
- Judge
- L Doherty