Cases6010264/2024

Claimant v Locala Community Partnerships C.I.C.

3 May 2025Before Employment Judge TegerdineSheffieldremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The tribunal determined that the unfair dismissal complaint was not presented within the statutory time limit under section 111(2)(a) of the Employment Rights Act 1996. The tribunal further found that it was reasonably practicable for the claimant to have presented the claim within the time limit, and therefore did not have jurisdiction to hear the claim.

Facts

Mrs Ramsden brought an unfair dismissal claim against her former employer, Locala Community Partnerships C.I.C., a community healthcare provider. The claim was presented outside the statutory time limit of three months under section 111(2)(a) of the Employment Rights Act 1996. A preliminary hearing was held to determine whether the tribunal had jurisdiction to hear the claim.

Decision

The tribunal found that the unfair dismissal complaint was presented outside the statutory time limit and that it was reasonably practicable for the claimant to have presented it within time. The tribunal therefore had no jurisdiction to hear the claim and dismissed it.

Practical note

Even for self-represented claimants, tribunals will dismiss unfair dismissal claims presented outside the three-month time limit unless it was not reasonably practicable to present the claim in time.

Legal authorities cited

Statutes

ERA 1996 s.111(2)(a)ERA 1996 s.111(2)(b)

Case details

Case number
6010264/2024
Decision date
3 May 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No