Cases1600154/2025

Claimant v Cardiff and Vale University Local Health Board

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The tribunal found it was reasonably practicable for the claim to be presented within the time limit required by section 111 ERA 1996, and therefore dismissed the claim for lack of jurisdiction as it was presented out of time.

Facts

Mrs Jenkins brought claims including unfair dismissal and other unspecified claims (likely discrimination) against Cardiff and Vale University Local Health Board. This was a preliminary hearing to determine whether the claims were brought within the applicable time limits.

Decision

The tribunal dismissed the unfair dismissal claim for lack of jurisdiction, finding it was reasonably practicable for it to be presented in time. However, the tribunal exercised its discretion to allow the other claims to proceed, finding it just and equitable to extend time.

Practical note

The stricter 'reasonably practicable' test for unfair dismissal time limits is more difficult to satisfy than the 'just and equitable' test applicable to discrimination claims, which allows greater judicial discretion.

Legal authorities cited

Statutes

ERA 1996 s.111

Case details

Case number
1600154/2025
Decision date
11 July 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep