Claimant v Sainsbury's Supermarkets Ltd
Outcome
Individual claims
The claim was struck out for want of jurisdiction as it was presented out of time. The effective date of termination was 13 May 2024, ACAS certificate issued 19 August 2024, and claim should have been filed by 18 September 2024 under section 111 ERA 1996, but was not filed until 1 October 2024. The tribunal found no reasonable prospect of varying this decision on reconsideration.
Facts
Mr Goodman was employed by Sainsbury's as an HGV driver from August 1996 to 13 May 2024. He submitted an ACAS notification on 8 July 2024, received his certificate on 19 August 2024, but did not file his unfair dismissal claim until 1 October 2024. This was after the statutory deadline of 18 September 2024. He blamed his advisor for the delay in filing.
Decision
The tribunal refused the claimant's application for reconsideration of the strike-out judgment. The claim was correctly struck out for lack of jurisdiction as it was filed out of time under section 111 ERA 1996. The tribunal found no reasonable prospect of varying the original decision and no new grounds undermining it.
Practical note
Reliance on an advisor does not excuse missing statutory time limits; claimants remain responsible for ensuring claims are filed on time, and tribunals have no jurisdiction to hear out-of-time unfair dismissal claims without extension.
Legal authorities cited
Statutes
Case details
- Case number
- 6013466/2024
- Decision date
- 11 September 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Employment details
- Role
- Heavy Goods Vehicle Driver
- Service
- 28 years
Claimant representation
- Represented
- No