Claimant v Howden Joinery Limited
Outcome
Individual claims
The tribunal dismissed the claim for lack of jurisdiction as it was submitted out of time and it was reasonably practicable for the claimant to have lodged it within the statutory time limit.
Facts
Miss Read brought an unfair dismissal claim against Howden Joinery Ltd. The claim was submitted outside the statutory time limit for bringing unfair dismissal proceedings. The tribunal held a preliminary hearing by video to determine whether it had jurisdiction to hear the claim.
Decision
The tribunal dismissed the claim for lack of jurisdiction. It found that the claim was submitted out of time and that it was reasonably practicable for the claimant to have lodged her claim within the required time limit, meaning the tribunal could not extend time.
Practical note
Unrepresented claimants must still comply with strict statutory time limits for unfair dismissal claims, and failure to do so where it was reasonably practicable to comply will result in the tribunal having no jurisdiction to hear the claim.
Legal authorities cited
Case details
- Case number
- 6004940/2024
- Decision date
- 6 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No