Claimant v Leonard Cheshire Disability
Outcome
Individual claims
The claim was presented outside the applicable time limit. Although the tribunal accepted it was not reasonably practicable for the claimant to present the claim within time, the claim was not presented within a further reasonable period after the time limit expired. The claim was therefore dismissed as being out of time.
Facts
Mrs Harrison brought a claim for constructive unfair dismissal against her former employer, Leonard Cheshire Disability. The claim was presented outside the statutory time limit for unfair dismissal claims. At a preliminary hearing conducted remotely via CVP, the tribunal considered whether it had jurisdiction to hear the claim.
Decision
The tribunal found that while it was not reasonably practicable for the claimant to present her claim within the primary time limit, she did not present it within a further reasonable period thereafter. The claim was therefore dismissed for being out of time and the tribunal had no jurisdiction to hear it.
Practical note
Even where a tribunal accepts it was not reasonably practicable to bring a claim in time, the claimant must still present it within a further reasonable period - failure to do so will result in dismissal on jurisdictional grounds.
Legal authorities cited
Statutes
Case details
- Case number
- 3303167/2024
- Decision date
- 15 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No