Claimant v Toolstation
Outcome
Individual claims
The tribunal found it was reasonably practicable for the claimant to present his claim within the prescribed time limit under section 111(2)(a) of the Employment Rights Act 1996. The claim was presented outside the prescribed time limit and was therefore dismissed as out of time.
Facts
Mr Chinyamurindi brought an unfair dismissal claim against his former employer Toolstation. The claim was filed outside the prescribed time limit under section 111(2)(a) of the Employment Rights Act 1996. The preliminary hearing was conducted remotely to determine whether the claim should proceed despite being out of time.
Decision
The tribunal found that it was reasonably practicable for the claimant to present his claim within the prescribed time limit. As the claim was presented outside the time limit and no extension could be granted, the claim was dismissed.
Practical note
Claimants must demonstrate it was not reasonably practicable to file within the time limit; failure to do so results in dismissal regardless of the merits of the underlying claim.
Legal authorities cited
Statutes
Case details
- Case number
- 6013587/2024
- Decision date
- 4 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Toolstation
- Sector
- retail
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No