Claimant v Marks and Spencer PLC
Outcome
Individual claims
The tribunal found it did not have jurisdiction to hear the claim as it was presented out of time. The tribunal determined it was reasonably practicable for the claimant to have lodged her claim within the statutory time limit, therefore the claim was struck out.
Facts
Ms Chauhan brought an unfair dismissal claim against Marks & Spencer Plc. The case was listed for a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claim. The respondent was represented by a paralegal, Ms Ahmed, while the claimant appeared in person.
Decision
The tribunal found it did not have jurisdiction to hear the claim because it was presented out of time. The tribunal determined it was reasonably practicable for the claimant to have lodged her claim within the statutory time limit. As a result, the claim was struck out and the proceedings dismissed.
Practical note
Unrepresented claimants must strictly comply with statutory time limits for unfair dismissal claims, as tribunals will strike out late claims unless it was not reasonably practicable to present in time.
Legal authorities cited
Statutes
Case details
- Case number
- 1311173/2024
- Decision date
- 9 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No