Claimant v Care Designed For You Ltd
Outcome
Individual claims
Tribunal found it was not reasonably practicable for the claimant to submit her claim in time, but she did not submit it within a reasonable period thereafter. Additionally, the claimant did not have the requisite two years' continuous service. Therefore, the tribunal had no jurisdiction to hear the claim under s.111, s.210 and s.212 Employment Rights Act 1996.
Facts
Mrs Bartle brought an unfair dismissal claim against Care Designed For You Ltd. The claim was submitted out of time. While the tribunal found it was not reasonably practicable for her to submit in time, she did not submit within a reasonable period thereafter. Additionally, she had less than two years' continuous service.
Decision
The tribunal dismissed the claim for lack of jurisdiction on two grounds: the claim was out of time and not submitted within a reasonable period as required by s.111 ERA 1996, and the claimant lacked the two years' continuous service required for unfair dismissal claims under ss.210 and 212 ERA 1996.
Practical note
Claimants bringing unfair dismissal claims must meet both the time limit requirements (with any extension within reasonable period) and the two-year qualifying service threshold; failure on either ground is fatal to jurisdiction.
Legal authorities cited
Statutes
Case details
- Case number
- 1805387/2023
- Decision date
- 5 February 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No