Claimant v Sainsbury's Supermarkets Ltd
Outcome
Individual claims
The claim was presented outside the statutory time limit of three months from the effective date of termination. The tribunal was not satisfied that it was not reasonably practicable for the claimant to bring the claim within the time limit, and therefore the time limit was not extended and the claim was dismissed.
Facts
Mr Maumbe was dismissed by Sainsbury's Supermarkets Ltd. He presented a claim for unfair dismissal to the employment tribunal after the statutory three-month time limit from the effective date of termination had expired. This was a preliminary hearing to determine whether the tribunal should extend the time limit.
Decision
The tribunal dismissed the claim for unfair dismissal on the grounds that it was presented outside the statutory time limit. The tribunal was not satisfied that it was not reasonably practicable for the claimant to present the claim within the time limit, and therefore refused to extend time under section 111(2)(a) of the Employment Rights Act 1996.
Practical note
Self-represented claimants must comply with strict time limits for unfair dismissal claims, and tribunals will dismiss out-of-time claims unless satisfied it was not reasonably practicable to present the claim in time.
Legal authorities cited
Statutes
Case details
- Case number
- 3313036/2023
- Decision date
- 29 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No