Claimant v Apple Retail UK Limited
Outcome
Individual claims
The tribunal found the claim was presented out of time and that it was reasonably practicable for the claimant to have presented it in time. As the claimant failed to meet the statutory time limit and did not satisfy the exception under s111(2) ERA 1996, the tribunal had no jurisdiction to hear the claim and it was dismissed.
Facts
Miss Chidlow brought an unfair dismissal claim against Apple Retail UK Limited but presented it outside the statutory three-month time limit. The tribunal held a preliminary hearing to determine whether it had jurisdiction to hear the claim.
Decision
The tribunal found the claim was presented out of time and that it was reasonably practicable for the claimant to have presented it in time. As she could not satisfy the exception under s111(2) ERA 1996, the tribunal had no jurisdiction and dismissed the claim.
Practical note
Claimants must present unfair dismissal claims within three months of the effective date of termination and will only succeed in extending time if they can show it was not reasonably practicable to present in time.
Legal authorities cited
Statutes
Case details
- Case number
- 3304873/2023
- Decision date
- 4 December 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No