Cleaner's redundancy claim struck out after being presented too late
A cleaner who was made redundant after her employer lost two cleaning contracts had her unfair dismissal and race discrimination claims struck out because she presented them to the tribunal more than three months after her dismissal.
1 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was employed as a cleaner at two sites (New River and Edmonton) by the respondent.
- The respondent's contract with Fusion Lifestyle was terminated, leading to redundancy of staff.
- The respondent believed a TUPE transfer to Haringey Council applied for the New River site, but Haringey disputed this.
- The claimant was dismissed by reason of redundancy on 4 October 2021, with an effective date of termination of 12 November 2021.
- The claimant presented her claim to the tribunal on 21 May 2022, after the primary limitation period of 12 February 2022 had expired.
- The tribunal found no reasonable prospect of success for any claim due to being out of time.
Timeline
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Fusion Lifestyle notifies respondent of cessation at New River
The respondent was informed that Fusion would cease work at the New River site from 29 August 2021.
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TUPE consultation begins
The respondent began the TUPE information and consultation process with impacted employees regarding the New River site.
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TUPE information letter sent
The respondent sent a detailed letter to the claimant giving relevant TUPE information.
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Redundancy consultation letter
The respondent sent a letter informing affected employees of anticipated redundancy due to termination of Fusion contracts.
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Services cease at New River
The respondent ceased providing services at New River; anticipated TUPE transfer to Haringey did not occur.
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Fusion terminates Edmonton contract
Fusion served formal notice to terminate the Edmonton contract.
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Claimant dismissed by reason of redundancy
The claimant was dismissed with an effective date of termination of 12 November 2021; received redundancy payment for Edmonton only.
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Haringey confirms no TUPE transfer
Haringey HR sent an email stating they did not consider a TUPE transfer had taken place.
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Early conciliation notification
The claimant's representatives notified Acas to begin early conciliation.
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Claim presented to tribunal
The claimant presented her claim for race discrimination, unfair dismissal, and redundancy payment.
The legal issue
The tribunal had to decide whether the claims should be struck out because they had no reasonable prospect of success, either because they were presented outside the primary limitation period or because the contract had transferred under TUPE.
The outcome
The tribunal struck out all claims – race discrimination, unfair dismissal, and a redundancy payment – on the basis that none had any reasonable prospect of success.
- The primary limitation period for unfair dismissal ended on 12 February 2022, but the claim was not presented until 21 May 2022.
- The tribunal found no basis to extend time, as the claimant had not provided a good reason for the delay.
- No compensation was awarded as the claims were struck out.
Lessons & takeaways
- Employment tribunal claims must be presented within three months of the effective date of termination – missing this deadline usually means losing the right to claim.
- If you believe you have been unfairly dismissed, seek advice promptly and do not wait to see if a TUPE transfer will happen before bringing a claim.
- McKenzie Friends can assist with tribunal claims, but they are not legally qualified representatives – ensure your case is prepared and filed on time.
- A redundancy payment for one site does not prevent you from challenging the dismissal for another site if you believe it was unfair.
A case of timing and TUPE confusion
This case shows how critical it is to meet tribunal deadlines, even when the facts around a dismissal are complicated. The claimant, a cleaner working 11 hours a week across two sites, was made redundant after her employer lost its cleaning contracts. The employer believed the cleaner's employment would transfer to the local council under TUPE, but the council disputed this. The cleaner was eventually dismissed and given a redundancy payment for one site only.
What went wrong for the claimant
The claimant presented her claims for race discrimination, unfair dismissal, and a redundancy payment on 21 May 2022 – more than three months after the effective date of termination (12 November 2021). The tribunal found no good reason for the delay. Even though the employer had initially suggested a TUPE transfer might happen, the claimant should have brought her claim within the usual time limit to protect her position.
Why the result matters
This case is a reminder that employment tribunal claims are subject to strict time limits. If you are dismissed and believe the dismissal is unfair, do not wait to see if a TUPE transfer materialises – present your claim within three months. The tribunal will not usually extend time unless there are exceptional circumstances. Here, the delay was fatal to all claims, including the race discrimination claim, which also failed because it was out of time.
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