Claimant v Greencore Prepared Meals Limited
Outcome
Individual claims
The claim was presented outside of the primary time limit and it was reasonably practicable for the claimant to have presented her claim in time. The tribunal therefore had no jurisdiction to hear the claim and it was dismissed.
Facts
Miss Kaczmarek brought an unfair dismissal claim against Greencore Prepared Meals Limited. The claim was filed outside the statutory time limit as set out in section 111(2)(a) of the Employment Rights Act 1996, as extended by section 207B ERA. The claimant appeared in person with an interpreter, while the respondent was represented by a solicitor.
Decision
The tribunal found that it was reasonably practicable for the claimant to have presented her claim within the statutory time limit. As the claim was presented out of time and the claimant failed to satisfy the 'reasonably practicable' test, the tribunal dismissed the claim for lack of jurisdiction.
Practical note
Employment lawyers should ensure clients understand the strict time limits for unfair dismissal claims and that the 'reasonably practicable' test for extending time is difficult to satisfy.
Legal authorities cited
Statutes
Case details
- Case number
- 2403198/2024
- Decision date
- 7 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No