Mr W Rutherford v Carlisle Cleaning Services Ltd and others: 1304268/2018
JUDGMENT
[1]The tribunal has no jurisdiction to hear the claimant’s claim against the second and third respondents. The claims were presented after expiry of the statutory time limit for bringing those claims and it is not just and equitable to extend the time limit.[2]The first respondent’s application for the claims relating to “Allegations 1 and 2”, as particularised at paragraph 3.1 of the Case Management Summary following the preliminary hearing on 30 April 2019, to be struck out on the ground that they were presented out of time is refused.[3]The first respondent’s application to strike out the claims relating to “Allegations 2 and 3” as particularised in the Case Management Summary, under rule 37(1)(a) of the Tribunals Rules of Procedure because they have no reasonable prospect of success is refused.[4]The first respondent’s alternative application, that the tribunal should make a deposit order against the claimant under rule 39 on the grounds that the claims in relation to “Allegations 2 and 3” have little reasonable prospect of success, is refused. Case number 1304268/2018