Claimant v Clydesdale Bank Plc t/a Virgin Money
Outcome
Individual claims
The claim was presented out of time, more than three months after the effective date of termination. The Tribunal was not satisfied that it was not reasonably practicable for the complaint to be presented in time, nor that it was presented within a reasonable further period. Accordingly, the claim was dismissed for being out of jurisdiction.
Facts
The claimant, L Sprawling, was employed by Clydesdale Bank Plc trading as Virgin Money. The employment ended and the claimant subsequently brought an unfair dismissal claim. The claim was presented outside the statutory three-month time limit from the effective date of termination. The respondent challenged jurisdiction on the basis of the time limit.
Decision
The Tribunal found that the unfair dismissal claim was presented out of time and dismissed it. The Tribunal was not satisfied that it was not reasonably practicable for the claimant to present the claim within the three-month time limit, nor that the claim was presented within a reasonable further period thereafter.
Practical note
Self-represented claimants must strictly comply with the three-month time limit for unfair dismissal claims unless they can demonstrate it was not reasonably practicable to do so, which is a high bar to meet.
Legal authorities cited
Statutes
Case details
- Case number
- 6008340/2024
- Decision date
- 25 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- financial services
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No