Ms L Caryl v Home Office — 2023

The tribunal held that the claimant's unfair dismissal claim had been presented out of time. It found that it was not reasonably practicable for the claim to have been brought within the time limit in s111 Employment Rights Act 1996, and that it was presented within a reasonable time thereafter. On that basis, the claim may proceed.

The tribunal noted that the claim form, as pleaded, contained almost no information about the unfair dismissal complaint itself. It recorded that the only information relating to unfair dismissal was an allegation that the claimant was misled into believing that a pension estimate figure was compensation for unfair dismissal, and that this was why she did not appeal against dismissal.

The claimant sought payment of a lump sum said to have been mistakenly promised by the respondent's pension provider, CSP. The tribunal reminded the claimant that, if the complaint concerned mistakes by the pension provider, the tribunal had no jurisdiction over those issues, which were for the Pensions Ombudsman. A further preliminary hearing was to be listed to consider applications and preparation for a final hearing.