Claimant v Marks and Spencer PLC
Outcome
Individual claims
The claimant did not present her claim of unfair dismissal within the statutory timelimit when it was reasonably practicable for her to do so. The tribunal therefore did not have jurisdiction to consider the claim.
The claimant did not present her claim of disability discrimination within the statutory timelimit. The tribunal found it was not just and equitable to extend time for the tribunal to consider her claim.
Facts
Ms Boezalt was employed by Marks and Spencer plc and brought claims of unfair dismissal and disability discrimination. However, she failed to present both claims within the statutory time limits. This was a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claims.
Decision
The tribunal found it did not have jurisdiction to hear either claim. The unfair dismissal claim was not presented within the statutory time limit when it was reasonably practicable to do so. The disability discrimination claim was also out of time, and the tribunal declined to extend time on just and equitable grounds. Both claims were dismissed.
Practical note
Unrepresented claimants face particular risks with strict tribunal time limits - claims can be struck out at preliminary hearing on jurisdictional grounds even before the merits are considered.
Legal authorities cited
Case details
- Case number
- 6019775/2024
- Decision date
- 28 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No