Claimant v Asda Stores Limited
Outcome
Individual claims
The tribunal found that the claim was presented outside the applicable time limit under section 111 Employment Rights Act 1996 and that it was reasonably practicable for the claimant to have presented the claim in time. The claim was therefore struck out under Rule 38(1)(a) as the tribunal did not have jurisdiction to hear it and it had no reasonable prospect of success.
Facts
Mrs Bowden was dismissed by Asda Stores Limited on 29 March 2024. She brought an unfair dismissal claim which was not presented within the applicable statutory time limit under section 111 Employment Rights Act 1996. The respondent applied to strike out the claim on the basis that it was out of time and the tribunal had no jurisdiction to hear it.
Decision
The tribunal found that the claim was presented outside the time limit and that it was reasonably practicable for the claimant to have presented it in time. The claim was struck out under Rule 38(1)(a) of the 2024 Employment Tribunal Rules on the basis that the tribunal had no jurisdiction and the claim had no reasonable prospect of success.
Practical note
Claimants must strictly comply with the time limits for unfair dismissal claims, and where it was reasonably practicable to present a claim in time, tribunals will strike out late claims for lack of jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 6018102/2024
- Decision date
- 18 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep