Claimant v N C Cammack & Son Limited
Outcome
Individual claims
The tribunal determined it had no jurisdiction to hear the interim relief application as it was brought after the 7 calendar day deadline under Section 128(2) ERA 1996. The claimant consented to the claim being dismissed.
Facts
Mr Woolf was dismissed and sought to bring an application for interim relief. He brought the application more than 7 calendar days after his dismissal date. The claimant appeared in person and confirmed that his claim was expressly limited to interim relief and did not include any unfair dismissal or wages/holiday pay claims.
Decision
The tribunal determined it had no jurisdiction to hear the interim relief application because it was brought outside the strict 7 calendar day deadline under Section 128(2) ERA 1996. The claimant consented to the claim being dismissed. The dismissal does not bar future claims other than interim relief.
Practical note
Applications for interim relief must be brought within 7 calendar days of dismissal; this is a strict jurisdictional requirement and the tribunal has no power to extend time.
Legal authorities cited
Statutes
Case details
- Case number
- 6004373/2025
- Decision date
- 15 April 2025
- Hearing type
- interim
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No