Claimant v Staffordshire Fire & Rescue Service
Outcome
Individual claims
The claim was not presented within the applicable time limit under ERA 1996. The tribunal determined that it was reasonably practicable for the claimant to have presented the claim in time, and therefore the claim was dismissed for being out of time.
Facts
Mr Priest brought a claim of unfair dismissal against Staffordshire Fire & Rescue Service. The claim was presented outside the statutory time limit for unfair dismissal claims. The tribunal held a preliminary hearing by video to determine whether the claim could proceed despite being out of time.
Decision
The tribunal dismissed the unfair dismissal claim on the basis that it was not presented within the applicable time limit and it was reasonably practicable for the claimant to have presented the claim in time. The claim therefore had no reasonable prospect of success and was struck out.
Practical note
Claimants must ensure unfair dismissal claims are presented within the strict three-month time limit, and unrepresented claimants will not be given leeway where it was reasonably practicable to claim in time.
Legal authorities cited
Statutes
Case details
- Case number
- 6006035/2024
- Decision date
- 10 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No