Claimant v Arjowiggins Scotland Limited (in Administration)
Outcome
Individual claims
The claim was lodged out of time and the tribunal found it had been reasonably practicable for the complaint to have been lodged within the relevant time limit, therefore the tribunal had no jurisdiction to hear the claim.
The protective award claim under section 189 TULRCA 1992 was lodged out of time and the tribunal found it had been reasonably practicable to lodge within the time limit, so the claim was dismissed for lack of jurisdiction.
Facts
The claimant Ms Harris was employed by Arjowiggins Scotland Ltd which went into administration. She brought claims for unfair dismissal and a protective award for failure to inform and consult. The respondent did not attend the preliminary hearing. The tribunal found both claims were lodged outside the statutory time limits.
Decision
The tribunal dismissed both claims on the basis that they were lodged out of time and it had been reasonably practicable for the claimant to have lodged them within the relevant time limits. The tribunal therefore had no jurisdiction to hear the claims.
Practical note
Claimants must strictly comply with time limits for bringing tribunal claims, particularly when pursuing claims against insolvent companies, as tribunals have limited discretion to extend time where it was reasonably practicable to comply.
Legal authorities cited
Statutes
Case details
- Case number
- 4106293/2023
- Decision date
- 26 February 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- No
Claimant representation
- Represented
- No