Cases3305028/2024

Claimant v T.S.S. (Total Security Services) Limited

28 February 2025Before Employment Judge E P Morgan KCWatfordhybrid

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The tribunal found that the claim for unfair dismissal under the Employment Rights Act 1996 was presented outside the statutory time limit. The claim was therefore dismissed as out of time.

Facts

The claimant A.V. Keitcha brought an unfair dismissal claim against T.S.S. (Total Security Services) Limited. The case was heard at a preliminary hearing in Watford on 28 February 2025 to determine whether the claim was in time. The claimant appeared in person while the respondent was represented by a solicitor.

Decision

Employment Judge de Silva KC dismissed the unfair dismissal claim on the basis that it was presented outside the statutory time limit required by the Employment Rights Act 1996. The tribunal had no jurisdiction to hear a claim that was out of time.

Practical note

Employment tribunals have strict time limits and claims for unfair dismissal must be presented within three months (less one day) of the effective date of termination, subject to ACAS early conciliation extensions.

Legal authorities cited

Statutes

Employment Rights Act 1996

Case details

Case number
3305028/2024
Decision date
28 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No