Claimant v Northumberland County Council
Outcome
Individual claims
The tribunal dismissed the unfair dismissal claim as it had no jurisdiction to consider it. The claim was presented outside the statutory time limit and the tribunal found it was reasonably practicable for the claim to have been presented in time.
Facts
Mr K Aitman brought an unfair dismissal claim against Northumberland County Council. The claim was presented to the tribunal outside the statutory time limit. The tribunal held a preliminary hearing by CVP to determine whether it had jurisdiction to hear the claim, with the claimant represented by his son as a lay representative and the respondent represented by counsel.
Decision
The tribunal dismissed the unfair dismissal claim on the basis that it had no jurisdiction. The claim was presented outside the statutory three-month time limit and the tribunal found it was reasonably practicable for the claimant to have presented the claim in time, meaning the time limit could not be extended.
Practical note
Employment tribunals will strictly enforce the three-month time limit for unfair dismissal claims where claimants cannot demonstrate it was not reasonably practicable to present the claim in time.
Legal authorities cited
Statutes
Case details
- Case number
- 6009960/2024
- Decision date
- 26 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep