Cases2301957/2023

Claimant v Openreach Limited

21 February 2025Before Employment Judge BeckettLondon Southremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The complaint was not presented within the applicable time limit and the tribunal found it was reasonably practicable for the claimant to have presented the claim in time. The claim was therefore dismissed.

Wrongful Dismissalstruck out

The complaint was not presented within the applicable time limit and the tribunal found it was reasonably practicable for the claimant to have presented the claim in time. The claim was therefore dismissed.

Facts

John Grimshaw brought claims of unfair dismissal and wrongful dismissal against his former employer Openreach Limited. The hearing was a preliminary hearing to determine whether the claims were presented in time. The claimant appeared in person and the respondent was represented by a solicitor and two paralegals.

Decision

Employment Judge Beckett found that both the unfair dismissal and wrongful dismissal claims were not presented within the applicable time limit. The judge further found that it was reasonably practicable for the claimant to have presented the claims in time. Both claims were therefore dismissed.

Practical note

Claimants must ensure they present claims within strict time limits and cannot rely on reasonable practicability extensions unless they can demonstrate it was not reasonably practicable to have complied with the time limit.

Case details

Case number
2301957/2023
Decision date
21 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
telecoms
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No