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Employment Law Specialists

Claim struck out for being out of time

Svetlana Borozna v CBH Wealth UK Limited – ET

Ms Borozna was a Senior Relationship Manager, Head of Wealth at CBH, our client, until her dismissal in September 2021 due to her poor performance. Ms Borozna brought claims of ordinary unfair dismissal, automatic unfair dismissal due to whistleblowing, whistleblowing detriment and breach of contract.

Ms Borozna’s claims were presented 47 days late. Ms Borozna claimed that due to illness it was not reasonably practicable to present her claims on time. In particular, she argued she was advised by her psychiatrist not to engage with legal proceedings.

CBH applied for the claims to be struck out on the basis that they were out of time. Following a preliminary hearing, the claims were struck out. The Tribunal did not accept Ms Borozna’s arguments, finding that it was reasonably practicable for her to present the claim prior to the original deadline. It also found there was no clear evidence that she had lacked capacity at any point or that she was not able to instruct solicitors. It was noteworthy that Ms Borozna was undertaking proceedings in the family court at the same time.

The team at BDBF acting in this matter was Nick Wilcox and Blair Wassman.