Claimant v Manchester University NHS Foundation Trust
Outcome
Individual claims
Claim dismissed for lack of jurisdiction as it was presented outside the 3-month time limit from the effective date of termination. The tribunal found it was reasonably practicable for the claimant to have presented the claim in time and it was not presented within a reasonable further period.
Facts
Ms Robinson's employment with Manchester University NHS Foundation Trust terminated on 28 March 2024. She brought a breach of contract claim which was received by the tribunal on 4 September 2024, over 5 months after the effective date of termination and well outside the 3-month time limit. The claimant appeared in person at a preliminary hearing to determine whether the tribunal had jurisdiction to hear the claim.
Decision
The tribunal dismissed the claim for lack of jurisdiction, finding that it was reasonably practicable for the claimant to have presented her claim within the 3-month time limit from 28 March 2024, and that the claim was not presented within a reasonable further period thereafter. The claim presented on 4 September 2024 was therefore out of time.
Practical note
Unrepresented claimants must strictly comply with the 3-month time limit for breach of contract claims, and tribunals will only extend time where it was not reasonably practicable to comply and the claim is presented within a reasonable further period.
Legal authorities cited
Case details
- Case number
- 6010588/2024
- Decision date
- 11 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No