Case of the week

The clock is ticking. This is an unusual case because the Claimant almost got her claim in out of time . . . . . but not quite.

I came across a case this week which highlights how important it is to get the tribunal claim form in on time. In all claims to the employment tribunal there are time limits which are strictly adhered to. This particular strand of the tribunal process has generated a great deal of legal debate over the years and a significant body of case law has built up as a consequence.

My case today is a straightforward unfair dismissal claim. As in all unfair dismissal cases the claim must be presented to the tribunal within three months (less one day) of the date of dismissal.

Unfortunately, for the Claimant, it was presented seven months after dismissal, so four months late. Had it not been for a delay at the end of the seven month period the claim would have been accepted and here’s why.