Claimant v British Gas Trading Limited
Outcome
Individual claims
The claim was not presented within the applicable time limit and it was reasonably practicable to do so. The tribunal therefore had no jurisdiction to consider it.
The claims were not presented within the applicable time limit and the tribunal determined it was not just and equitable to extend time. The claims were therefore dismissed for lack of jurisdiction.
Facts
Mr Forster brought claims of unfair dismissal and disability discrimination against British Gas Trading Limited. At a preliminary hearing conducted remotely, the tribunal considered whether the claims had been presented within the applicable time limits. The claimant appeared in person while the respondent was represented by Ms Niaz-Dickinson.
Decision
The tribunal determined that all claims were presented out of time. For the unfair dismissal claim, it found it was reasonably practicable to have presented the claim in time, and therefore dismissed it. For the disability discrimination claims, the tribunal found it was not just and equitable to extend time and dismissed those claims as well.
Practical note
Even unrepresented claimants must meet strict tribunal time limits, and both the 'reasonably practicable' test for unfair dismissal and 'just and equitable' test for discrimination require compelling reasons for extension.
Case details
- Case number
- 2500935/2024
- Decision date
- 10 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No