Claimant v Air Products PLC
Outcome
Individual claims
The claim was presented outside the applicable time limit under section 111 of the Employment Rights Act 1996. The tribunal determined it was reasonably practicable for the claimant to have presented the claim within the time limit, so the tribunal had no jurisdiction to extend time and dismissed the claim.
Facts
Mr Smith brought an unfair dismissal claim against Air Products plc. The claim was presented outside the statutory time limit set out in section 111 of the Employment Rights Act 1996. A preliminary hearing was held to determine whether the tribunal had jurisdiction to hear the claim.
Decision
Employment Judge Hawksworth dismissed the claim on jurisdictional grounds, finding that it was reasonably practicable for Mr Smith to have presented his claim within the applicable time limit. As the reasonably practicable test was not satisfied, the tribunal could not extend time and therefore had no jurisdiction to hear the claim.
Practical note
Unrepresented claimants must strictly comply with time limits in unfair dismissal claims as tribunals cannot extend time unless it was not reasonably practicable to present the claim in time.
Legal authorities cited
Statutes
Case details
- Case number
- 6018785/2024
- Decision date
- 30 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Air Products PLC
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No