Cases1800398/2025

Claimant v London North Eastern Railway Limited

12 June 2025Before Employment Judge L BridgeLeedsin person

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The tribunal found that while it was not reasonably practicable for the claimant to submit his unfair dismissal claim within the statutory time limit, the claim was not submitted within a reasonable time thereafter. As a result, the tribunal determined it did not have jurisdiction to hear the claim and dismissed it.

Facts

Mr Butterworth brought an unfair dismissal claim against London North Eastern Railway Limited. The claim was filed outside the statutory time limit. A preliminary hearing was held to determine whether the tribunal had jurisdiction to hear the claim given the time limit issue.

Decision

The tribunal found that while it was not reasonably practicable for the claimant to submit his claim within the statutory time limit, he had not submitted it within a reasonable time thereafter. The tribunal therefore dismissed the claim for lack of jurisdiction.

Practical note

Even where a claimant satisfies the 'not reasonably practicable' test for late submission, they must still submit their claim within a reasonable time thereafter or the tribunal will have no jurisdiction to hear it.

Legal authorities cited

Statutes

ERA 1996

Case details

Case number
1800398/2025
Decision date
12 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep