Claimant v Clover Fostering Limited
Outcome
Individual claims
The tribunal found the claim was presented outside the applicable time limit. Although it was not reasonably practicable for the claimant to present in time, the claim was not presented within a further reasonable period thereafter, and was therefore dismissed on jurisdictional grounds.
Facts
Ms Chiwetu brought a claim against Clover Fostering Limited, a fostering agency. The claim was filed in 2024. The tribunal held a preliminary hearing by video at Watford on 28 February 2025 to consider whether the claim had been presented within the applicable time limit. The claimant appeared in person and the respondent was represented by counsel.
Decision
The tribunal dismissed the claim on jurisdictional grounds. The judge found that the claim was presented outside the applicable time limit. Although the tribunal accepted it was not reasonably practicable for the claimant to present the claim in time, the claim was not then presented within a further reasonable period, and therefore the tribunal had no jurisdiction to hear it.
Practical note
Even when it is not reasonably practicable to present a claim in time, claimants must still act within a further reasonable period once the impediment is removed, or risk their claim being dismissed.
Legal authorities cited
Case details
- Case number
- 3302967/2024
- Decision date
- 28 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No