Claimant v Uber London Limited
Outcome
Individual claims
Claim struck out as filed outside the three-month statutory time limit. Tribunal found it was not reasonably practicable for the claimant to issue the claim within the required period. Reconsideration application refused as there was no reasonable prospect of varying the original decision.
Facts
The claimant was dismissed on 1 August 2023 but did not file his unfair dismissal claim until 23 January 2025, approximately 17 months later. The original claim was struck out for being filed outside the three-month statutory time limit. The claimant applied for reconsideration, incorrectly arguing that the 'just and equitable' test applied and that he had six years to file the claim.
Decision
The tribunal refused the reconsideration application under Rule 70(2), finding no reasonable prospect of varying the original strike-out judgment. The judge confirmed that the correct test for extending time in unfair dismissal claims is 'reasonably practicable', not 'just and equitable', and the time limit is three months, not six years.
Practical note
Unrepresented claimants may misunderstand the applicable legal tests and time limits for unfair dismissal claims, confusing them with discrimination claims and contractual limitation periods.
Legal authorities cited
Statutes
Case details
- Case number
- 6002471/2025
- Decision date
- 12 June 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- technology
- Represented
- No
Claimant representation
- Represented
- No