Claimant v Focus Birmingham
Outcome
Individual claims
The claim was not presented within the applicable time limit and the tribunal found it was reasonably practicable for the claimant to have presented the claim in time, resulting in dismissal of the unfair dismissal claim.
Facts
Ms Kelly brought an unfair dismissal claim against Focus Birmingham and Ms L Hadden. The claim was heard at a preliminary hearing to determine whether it had been presented in time. The judgment notes that other claims brought by the claimant were not affected by this decision.
Decision
The tribunal found that the unfair dismissal complaint was not presented within the applicable time limit and that it was reasonably practicable for the claimant to have done so. The unfair dismissal claim was therefore dismissed, though the claimant's other claims remain unaffected.
Practical note
A claimant must present unfair dismissal claims within the statutory time limit and will not be granted an extension where it was reasonably practicable to comply with the deadline.
Legal authorities cited
Case details
- Case number
- 1304637/2023
- Decision date
- 30 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Focus Birmingham
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No