Claimant v B Price Mus-Max Specialist Ltd
Outcome
Individual claims
The Tribunal determined it did not have jurisdiction to hear the claim as it was presented out of time. The Tribunal found it was reasonably practicable for the Claimant to have lodged her claim within the statutory time limit, therefore no extension could be granted and the claim was struck out.
Facts
Ms Jenkins brought a claim for unfair dismissal against B Price Mus-Max Specialist Ltd. The claim was presented outside the statutory time limit. The Tribunal held a preliminary hearing to determine whether it had jurisdiction to hear the claim based on whether it was reasonably practicable for the Claimant to have presented her claim in time.
Decision
The Tribunal found it was reasonably practicable for the Claimant to have lodged her claim within the time limit. As a result, the Tribunal had no jurisdiction to hear the unfair dismissal claim and it was struck out, with the proceedings dismissed.
Practical note
Even with legal representation, claimants must strictly adhere to the three-month time limit for unfair dismissal claims unless they can demonstrate it was not reasonably practicable to present the claim in time.
Legal authorities cited
Statutes
Case details
- Case number
- 1306324/2024
- Decision date
- 28 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister