Claimant v Morrisons
Outcome
Individual claims
The tribunal dismissed the claim for lack of jurisdiction because it was filed after the statutory three-month time limit under s111(2) ERA 1996. The claimant failed to demonstrate that it was not reasonably practicable to present the claim in time.
Facts
The claimant brought an unfair dismissal claim against Morrisons, but filed it after the statutory three-month time limit from the effective date of termination. The case was heard as a preliminary hearing on jurisdiction by CVP. The claimant appeared in person while the respondent was represented by counsel.
Decision
The tribunal dismissed the claim for lack of jurisdiction, finding that the claim was presented outside the three-month time limit under s111(2) ERA 1996 and the claimant had not demonstrated that it was not reasonably practicable to present the claim in time.
Practical note
Claimants must strictly comply with the three-month time limit for unfair dismissal claims and cannot proceed unless they can prove it was not reasonably practicable to file in time, which is a high threshold to meet.
Legal authorities cited
Statutes
Case details
- Case number
- 3303708/2024
- Decision date
- 18 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Morrisons
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No