Cases8002148/2024

Claimant v Curries Removals and Storage Limited

25 June 2025Before Employment Judge M WhitcombeScotlandremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The complaint of unfair dismissal was presented outside the statutory time limit under section 111 ERA 1996. The Tribunal determined it had no jurisdiction to hear the claim and dismissed it on that basis.

Facts

Mr Cummings brought a claim of unfair dismissal against his former employer, Curries Removals and Storage Limited. The claim was heard at a preliminary hearing to determine whether it had been presented within the statutory time limit. The respondent was represented by a solicitor while the claimant appeared in person.

Decision

The Tribunal found that the unfair dismissal complaint had been presented outside the time limit prescribed by section 111 of the Employment Rights Act 1996. As a result, the Tribunal had no jurisdiction to hear the claim and it was dismissed.

Practical note

Unfair dismissal claims must be presented within three months of the effective date of termination (unless time is extended for ACAS early conciliation), and tribunals have no jurisdiction to hear claims presented outside this time limit unless it was not reasonably practicable to present in time.

Legal authorities cited

Statutes

ERA 1996 s.111

Case details

Case number
8002148/2024
Decision date
25 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No