Outcome
Individual claims
Preliminary hearing addressed only the time limit issue. Tribunal found the claim was presented out of time but accepted it was not reasonably practicable to present in time and it was presented within a further reasonable period. The claim will therefore proceed to a full merits hearing.
Facts
The claimant, Mr A Brown, brought an unfair dismissal claim against AB AGRI Limited which was presented outside the applicable time limit. The respondent challenged the claim on time limit grounds. The tribunal held a preliminary hearing by video to determine whether the claim should proceed.
Decision
The tribunal found that while the claim was presented outside the normal time limit, it was not reasonably practicable for the claimant to have presented it in time, and it was presented within a further reasonable period. The claim was therefore allowed to proceed to a full merits hearing.
Practical note
A preliminary hearing on time limits resulted in the claimant successfully establishing the 'not reasonably practicable' exception to the strict time limits for unfair dismissal claims.
Legal authorities cited
Case details
- Case number
- 3309117/2024
- Decision date
- 30 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- AB AGRI Limited
- Sector
- agriculture
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep