Claimant v Mick George Campbell Melhuish & Buchanan Ltd
Outcome
Individual claims
The claim was dismissed as the Tribunal had no jurisdiction to determine it. The claim was presented outside the primary limitation period and the claimant failed to establish that it was not reasonably practicable for him to present the claim in time.
Facts
The claimant brought an employment claim against Mick George Campbell Melhuish & Buchanan Ltd, represented by a friend. The respondent was represented by counsel. The tribunal heard a preliminary hearing on jurisdiction concerning whether the claim was presented in time.
Decision
The tribunal dismissed the claim for lack of jurisdiction. The claim had been presented outside the primary limitation period and the claimant failed to establish that it was not reasonably practicable for him to present the claim within the required time limit.
Practical note
Even with lay representation, claimants must meet strict time limits for presenting claims, and failure to establish that it was not reasonably practicable to comply will result in dismissal for lack of jurisdiction.
Legal authorities cited
Case details
- Case number
- 3300655/2024
- Decision date
- 17 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep