Cases6014410/2024

Claimant v Eddie Stobart Limited

14 March 2025Before Employment Judge BattisbyBirminghamremote video

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was presented outside the applicable statutory time limit and the tribunal found it was reasonably practicable for the claimant to have presented the claim within time, therefore the tribunal had no jurisdiction to hear the claim.

Facts

Mrs Atack brought a claim against Eddie Stobart Ltd. The claim was presented to the tribunal outside the applicable statutory time limit. A preliminary hearing was held to determine whether the tribunal had jurisdiction to hear the claim.

Decision

Employment Judge Battisby found that the claim was not presented within the applicable time limit and that it was reasonably practicable for the claimant to have done so. The claim was therefore dismissed for being out of time.

Practical note

Claimants must ensure claims are presented within strict statutory time limits; where it was reasonably practicable to do so, tribunals have no discretion to extend time and must dismiss the claim.

Legal authorities cited

Case details

Case number
6014410/2024
Decision date
14 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
transport
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No