Mr B Lasoju v XMA Ltd: 3311850/2023

EMPLOYMENT TRIBUNALS
Case No 3311850/2023
Mr Barry LasojuClaimantXMA LimitedRespondent
Employment Judge Gumbiti-ZimutoMiss Adele Akins (instructed by counsel) for claimantDate 26 September 2024

JUDGMENT

[1]The claim is struck out.[2]The claimant’s complaint about failure to consult and inform pursuant to regulation 15 of the Transfer of Undertaking (Protection of Employment) Regulations 2006 has been presented outside the time limit for the presentation of complaints.[3]It was reasonably practicable for the claimant to present the complaint within the time limit for the presentation of complaints, the employment tribunal cannot consider the complaint.

REASONS

[1]There is no reasonable prospect of the original decision being varied or revoked, because the application has been made out of time and the claimant has not set out any basis for suggesting that the original decision of the employment tribunal is wrong or may be wrong.[2]The claimant made an application for written reasons on 14 May 2025 the application was refused because the request was made too late.[3]The claimant says that he did not know of the existence of the judgment until it appeared on the Tribunal website in May 2025. The claimant was represented by counsel at the hearing, the judgment was given at the conclusion of the preliminary hearing on 26 September 2024. For the claimant to wait until 14 May 2025 to ask for written reasons and then waiting until 27 June 2025 to ask for a reconsideration, without setting out any basis for saying that the decision of the Tribunal is wrong, is far too late. Approved by: