Claimant v Hilldales Residential Care Home Limited
Outcome
Individual claims
The claim was presented out of time and the tribunal found it was reasonably practicable for the Claimant to have presented the claim within the statutory time limit. The tribunal therefore had no jurisdiction to hear the claim and it was struck out.
Facts
Miss Kearns brought a claim of unfair dismissal against her former employer, Hilldales Residential Care Home Limited. The claim was presented to the tribunal outside the statutory time limit for bringing unfair dismissal claims. At the preliminary hearing, the claimant appeared in person and confirmed that unfair dismissal was the only claim she was bringing.
Decision
The tribunal found that the unfair dismissal claim had been presented out of time and that it was reasonably practicable for the claimant to have presented it within the statutory time limit. As the claim was out of time and the 'reasonably practicable' exception did not apply, the tribunal had no jurisdiction to hear the claim and struck it out.
Practical note
Employment tribunals will strictly enforce the three-month time limit for unfair dismissal claims where claimants cannot show it was not reasonably practicable to submit in time.
Legal authorities cited
Case details
- Case number
- 1402367/2024
- Decision date
- 8 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No