Cases6005505/2025

Claimant v Newport City Council

18 September 2025Before Employment Judge C SharpCardiffremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The claim was brought outside the statutory time limit under s111 Employment Rights Act 1996. The tribunal determined it was reasonably practicable for the claimant to have brought the claim in time, and the further period taken to present the claim was not reasonable, therefore the tribunal had no jurisdiction to hear the claim.

Facts

Mr Hewitt brought an unfair dismissal claim against Newport City Council but presented it outside the statutory time limit. This was a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claim. The claimant appeared in person supported by Ms J Lowsley, while the respondent was represented by counsel.

Decision

The tribunal found the claim was out of time under s111 ERA 1996. The tribunal determined it was reasonably practicable for the claimant to have brought the claim in time and that the further period taken to present the claim was not reasonable. The claim therefore failed on jurisdictional grounds.

Practical note

Even with lay support, unrepresented claimants must comply with strict statutory time limits for unfair dismissal claims, and extensions will only be granted where it was not reasonably practicable to claim in time and any further delay was reasonable.

Legal authorities cited

Statutes

ERA 1996 s.111

Case details

Case number
6005505/2025
Decision date
18 September 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Newport City Council
Sector
local government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No