Claimant v J.O.T. Ltd t/a Care Select
Outcome
Individual claims
The claim presented on 15 July 2024 was not presented in time. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time, therefore the tribunal had no jurisdiction to hear the claim and it was struck out.
The claim presented on 24 July 2024 was not presented in time. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time, therefore the tribunal had no jurisdiction to hear the claim and it was struck out.
Facts
Mrs Bennett brought two unfair dismissal claims against her former employer, a care company, filing ET1 forms on 15 July 2024 and 24 July 2024. The respondent argued both claims were presented outside the statutory time limit. The tribunal held a preliminary hearing to determine jurisdiction.
Decision
The tribunal found both unfair dismissal claims were presented out of time and that it was reasonably practicable for the claimant to have presented them in time. As a result, the tribunal had no jurisdiction to hear the claims and struck them out.
Practical note
Claimants must strictly comply with the three-month time limit for unfair dismissal claims, and unrepresented claimants cannot rely on ignorance of the time limit as a reason for late filing when it was reasonably practicable to file in time.
Legal authorities cited
Statutes
Case details
- Case number
- 6005752/2024
- Decision date
- 12 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No