Claimant v British Airways plc
Outcome
Individual claims
The tribunal found the claim was presented before the end of the three-month time limit but determined it would have been reasonably practicable for the complaint to be presented before the end of that period. Consequently, the tribunal lacked jurisdiction to hear the claim and struck it out in its entirety.
Facts
Daron Jackson brought an unfair dismissal claim against British Airways Plc. The claim was presented before the end of the statutory three-month period following the effective date of termination. The respondent challenged jurisdiction on the basis that it would have been reasonably practicable for the claim to be presented in time.
Decision
The tribunal struck out the claim in its entirety, finding that although the claim was presented before the end of the three-month period, it would have been reasonably practicable for the complaint to be presented before the end of that period. As a result, the tribunal lacked jurisdiction to hear the claim.
Practical note
This case demonstrates that even if a claim is presented within the primary time limit, tribunals must still consider whether it was reasonably practicable for it to be presented earlier, and lack of jurisdiction can result in strike-out where this test is not met.
Legal authorities cited
Case details
- Case number
- 3302464/2024
- Decision date
- 27 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No