Claimant v Cumbria Fire & Rescue Service
Outcome
Individual claims
The tribunal found it did not have jurisdiction to deal with the unfair dismissal complaint as it was presented out of time and it was reasonably practicable for the claimant to have presented the claim within the statutory time limit.
The tribunal found it did not have jurisdiction to deal with the protected disclosure detriment complaint as it was presented out of time and it was not reasonably practicable for the claimant to have presented the claim within the statutory time limit.
Facts
Mr Sewell brought claims of unfair dismissal and protected disclosure detriment against Cumbria Fire & Rescue Service. The case proceeded to a preliminary hearing on jurisdiction. The claimant appeared in person while the respondent was represented by a solicitor. The tribunal heard arguments on whether the claims were presented within the statutory time limits.
Decision
The tribunal dismissed both claims on jurisdictional grounds, finding they were presented out of time and that it was reasonably practicable for the claimant to have presented them within the statutory time limits. As a result, the tribunal had no jurisdiction to hear the claims and the scheduled final hearing was cancelled.
Practical note
Claimants must comply with strict statutory time limits for bringing employment tribunal claims, and where it was reasonably practicable to present claims in time, the tribunal will not extend the deadline even where this results in dismissal of the entire case.
Legal authorities cited
Case details
- Case number
- 2401307/2024
- Decision date
- 30 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No