Claimant v Oak Furnitureland Group Ltd
Outcome
Individual claims
The claim was presented outside the time limit in section 112(2) of the Employment Rights Act 1996. The tribunal had no jurisdiction to hear the unfair dismissal claim and it was struck out.
The claim was 1 day out of time but the tribunal found it just and equitable to extend time by 1 day under section 123(1)(b) of the Equality Act 2010. The claim was not struck out and will proceed to a full hearing.
Facts
Mr Birdi was dismissed by Oak Furnitureland Group Ltd. He filed claims of unfair dismissal and discrimination in respect of his dismissal. The respondent challenged jurisdiction on the basis that both claims were presented out of time.
Decision
The tribunal struck out the unfair dismissal claim as it was outside the statutory time limit and the tribunal had no jurisdiction under s.112(2) ERA 1996. However, the discrimination claim relating to dismissal was only 1 day late and the tribunal found it just and equitable to extend time, allowing that claim to proceed.
Practical note
Tribunals have discretion to extend time limits for discrimination claims on just and equitable grounds even for very short delays, but have no such discretion for unfair dismissal claims under the Employment Rights Act.
Legal authorities cited
Statutes
Case details
- Case number
- 1306220/2024
- Decision date
- 3 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No