Claimant v Kingston upon Hull City Council
Outcome
Individual claims
The tribunal found that the claim was presented outside the statutory time limit under section 111 ERA 1996 and that it was reasonably practicable for the claimant to have presented the claim in time. The tribunal therefore had no jurisdiction to consider the complaint.
Facts
Mr King brought a claim of constructive unfair dismissal against Kingston upon Hull City Council. The claim was presented to the tribunal outside the statutory time limit prescribed by section 111 of the Employment Rights Act 1996. A preliminary hearing was held by video to determine whether the tribunal had jurisdiction to hear the claim.
Decision
The tribunal found that the claim was presented outside the limitation period and that it was reasonably practicable for the claimant to have presented the claim in time. Accordingly, the tribunal had no jurisdiction to consider the complaint of constructive unfair dismissal and the claim was dismissed.
Practical note
Claimants must ensure constructive unfair dismissal claims are presented within three months of the effective date of termination, unless it was not reasonably practicable to do so.
Legal authorities cited
Statutes
Case details
- Case number
- 1806735/2024
- Decision date
- 6 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep