Claimant v The Governing Body of North Baddesley Infant School
Outcome
Individual claims
The tribunal found that the claim was presented outside the applicable time limit and it was reasonably practicable for the claimant to have presented it in time. Under section 111(2) Employment Rights Act 1996, the tribunal had no jurisdiction to consider the claim and it was therefore dismissed.
Facts
Mr Boalch brought an unfair dismissal claim against the Governing Body of North Baddesley Infant School. The claim was presented outside the statutory time limit. At a preliminary hearing conducted remotely, the tribunal considered whether it had jurisdiction to hear the claim. The claimant appeared in person while the respondent was represented by a solicitor.
Decision
The tribunal found that the claim was not presented within the applicable time limit and that it was reasonably practicable for the claimant to have presented it in time. As a result, under section 111(2) of the Employment Rights Act 1996, the tribunal had no jurisdiction to consider the claim and it was dismissed.
Practical note
Unrepresented claimants must ensure they understand and comply with strict time limits for presenting claims, as tribunals have no discretion to extend time for unfair dismissal claims where it was reasonably practicable to present in time.
Legal authorities cited
Statutes
Case details
- Case number
- 6004951/2024
- Decision date
- 7 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No