Claimant v Secretary of State for Work and Pensions
Outcome
Individual claims
The claim was not brought within the statutory time limits set out at section 111 Employment Rights Act 1996. The tribunal had no jurisdiction to hear the claim and it was dismissed.
Facts
Miss Parks brought an unfair dismissal claim against the Department for Work and Pensions. The claim was filed outside the statutory time limits prescribed by section 111 of the Employment Rights Act 1996. The respondent was represented by a barrister while the claimant appeared in person. The hearing was conducted remotely by video.
Decision
Employment Judge Armstrong dismissed the claim on the ground that it was not brought within the time limits set out at section 111 Employment Rights Act 1996. The tribunal had no jurisdiction to hear the claim as it was presented out of time.
Practical note
Unfair dismissal claims must be brought within three months of the effective date of termination (or the end of ACAS early conciliation), and failure to do so results in the tribunal lacking jurisdiction to hear the claim.
Legal authorities cited
Statutes
Case details
- Case number
- 6005083/2024
- Decision date
- 29 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No