Claimant v Aurem Care (Brimington) Limited
Outcome
Individual claims
The claim was presented outside the statutory time limit under section 111 ERA 1996. The tribunal found it did not have jurisdiction to hear the claim and therefore dismissed it.
Facts
Mrs Brown brought an unfair dismissal claim against Aurem Care (Brimington) Limited, a care company. The respondent challenged the claim on the basis that it was presented outside the statutory time limit. This was a preliminary hearing to determine jurisdiction.
Decision
Employment Judge Siddique found that the claim was presented outside the statutory time limit provided by section 111 of the Employment Rights Act 1996. As a result, the tribunal had no jurisdiction to consider the claim and it was dismissed.
Practical note
Claimants must ensure unfair dismissal claims are presented within three months (less one day) of the effective date of termination, or the tribunal will lack jurisdiction to hear the claim.
Legal authorities cited
Statutes
Case details
- Case number
- 6005332/2025
- Decision date
- 19 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No