Claimant v Nike Retail UK
Outcome
Individual claims
The claim was not presented within the applicable time limit prescribed by section 111(2) ERA 1996. The tribunal found that it was reasonably practicable for the claimant to have presented the claim within time, therefore the tribunal had no jurisdiction to hear it and it was dismissed.
Facts
Mr Goodhall-Clarke brought a claim of unfair dismissal against his former employer Nike Retail UK. The claim was presented outside the statutory time limit for bringing such claims. At a preliminary hearing held remotely by CVP, the tribunal considered whether it was reasonably practicable for the claimant to have presented his claim in time.
Decision
The tribunal found that the unfair dismissal claim was not presented within the applicable time limit and that it was reasonably practicable for the claimant to have done so. The tribunal therefore had no jurisdiction to consider the claim and it was dismissed.
Practical note
Unrepresented claimants must strictly comply with the three-month time limit for unfair dismissal claims, as the 'reasonable practicability' test provides little leeway for late claims.
Legal authorities cited
Statutes
Case details
- Case number
- 6019074/2024
- Decision date
- 14 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Nike Retail UK
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No