Cases3300312/2024

Claimant v University of Hertfordshire

5 February 2025Before Employment Judge FrenchWatfordremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalfailed

The Tribunal found that the complaint of unfair dismissal was not presented within the applicable time limit and it was reasonably practicable to do so, therefore the claim was dismissed.

Facts

This was a preliminary hearing to determine whether the claimant's unfair dismissal claim had been presented within the applicable time limit. There were two case numbers consolidated. The respondent applied to strike out the claim on the basis it was out of time.

Decision

The Tribunal found that the unfair dismissal complaint was not presented within the applicable time limit and that it was reasonably practicable for the claimant to do so. The claim was therefore dismissed. However, the application to strike out was refused and the Tribunal indicated it will decide the time limit question at the final hearing.

Practical note

The judgment shows an apparent inconsistency between dismissing the unfair dismissal claim for being out of time while also refusing to strike it out and leaving the time limit issue to be determined at the final hearing.

Case details

Case number
3300312/2024
Decision date
5 February 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
barrister