Cases6003999/2024

Claimant v Royal Mail Group Limited

14 February 2025Before Employment Judge ThompsonManchesterremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claim was struck out because it was not presented to the tribunal within the time limit prescribed by section 111(2) of the Employment Rights Act 1996, and the tribunal found it was reasonably practicable for the claim to have been presented within that period. The tribunal therefore had no jurisdiction to hear the claim.

Facts

Mr Salehi brought an unfair dismissal claim against Royal Mail Group Limited. The claim was presented to the employment tribunal outside the statutory time limit prescribed by section 111(2) of the Employment Rights Act 1996. A preliminary hearing was held to determine whether the tribunal had jurisdiction to hear the claim.

Decision

Employment Judge Thompson struck out the unfair dismissal claim on the basis that it was presented out of time and it was reasonably practicable for the claim to have been presented within the prescribed period. The tribunal therefore had no jurisdiction to hear the claim.

Practical note

Claimants must strictly observe the three-month time limit (minus one day) for presenting unfair dismissal claims, and will not be permitted an extension if it was reasonably practicable to claim in time.

Legal authorities cited

Statutes

ERA 1996 s.111(2)

Case details

Case number
6003999/2024
Decision date
14 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
logistics
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No