Cases3305585/2024

Claimant v Suffolk County Council

5 March 2025Before Employment Judge L BrownEast of Englandremote video

Outcome

Other

Individual claims

Unfair Dismissalnot determined

Preliminary hearing determined only that the tribunal has jurisdiction to hear the claim because it was presented in time. The substantive merits of the unfair dismissal claim have not yet been determined.

Facts

Mrs Butcher brought an unfair dismissal claim against Suffolk County Council. The respondent challenged whether the tribunal had jurisdiction to hear the claim, arguing it was presented outside the statutory time limit. The claimant appeared in person while the respondent was represented by counsel.

Decision

The tribunal held a preliminary hearing on jurisdiction and determined that the claim was presented within the ordinary three-month time limit from the effective date of termination, as extended by the ACAS early conciliation provisions in section 207B ERA 1996. The tribunal therefore has jurisdiction to hear the unfair dismissal complaint.

Practical note

This preliminary hearing establishes only jurisdiction on time limit grounds; the substantive unfair dismissal claim remains to be determined at a future full merits hearing.

Legal authorities cited

Statutes

ERA 1996 s.111(2)ERA 1996 s.207B

Case details

Case number
3305585/2024
Decision date
5 March 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Suffolk County Council
Sector
local government
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No