Claimant v FedEx Express UK Transportation Limited
Outcome
Individual claims
The claim was presented outside the applicable time limit. The tribunal exercised its discretion under the 'just and equitable' test and found it was not just and equitable to extend time. The claim was therefore dismissed as out of time.
Facts
Mr Jones brought an employment claim against Fedex Express UK Transportation Limited. The respondent raised a preliminary issue that the claim had been presented outside the applicable statutory time limit. A preliminary hearing was held by video to determine whether time should be extended under the 'just and equitable' discretion.
Decision
The tribunal found that the claim was indeed out of time and declined to exercise its discretion to extend the time limit on just and equitable grounds. The entire claim was therefore dismissed without proceeding to a full merits hearing.
Practical note
Claimants must be vigilant about strict time limits in employment claims, as tribunals will not automatically extend time even where the 'just and equitable' test applies, and failure to meet deadlines can result in otherwise meritorious claims being dismissed at a preliminary stage.
Legal authorities cited
Case details
- Case number
- 1302716/2024
- Decision date
- 27 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No