Claimant v Kelvin Decorators Limited
Outcome
Individual claims
The tribunal found that the claim was not presented within the statutory time limit and it was reasonably practicable for the claimant to have presented it in time. The claim was dismissed for being out of time under sections 94-98 Employment Rights Act 1996.
Facts
Mr Sharp was employed by Kelvin Decorators Limited and brought an unfair dismissal claim. The claim was presented after the statutory time limit. At a preliminary hearing conducted remotely, the tribunal considered whether it was reasonably practicable for the claim to have been presented in time. The claimant appeared in person while the respondent was represented by its director.
Decision
The tribunal found that the unfair dismissal claim was not presented within the statutory time limit and that it was reasonably practicable for it to have been presented in time. The claim was therefore dismissed for being out of time.
Practical note
Even where a claimant has grounds for unfair dismissal, failure to present the claim within the statutory time limit will result in dismissal if the tribunal finds it was reasonably practicable to present in time.
Legal authorities cited
Statutes
Case details
- Case number
- 4100576/2025
- Decision date
- 30 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No