Mr S Flannery v British Gas Services Limited — 2022

The preliminary hearing determined whether the tribunal had jurisdiction to hear the claimant's unfair dismissal and wrongful dismissal claims against British Gas Services Limited, given that the claims were presented outside the ordinary time limits. The claimant accepted that the claim form was presented out of time.

The tribunal recorded that the claimant's representative conceded twice that the claimant could have submitted the claims in time. The claimant argued that he had believed Centrica Plc was his employer because it appeared on payslips, pension material, and was connected with the respondent, but the representative maintained the concession that it had been reasonably practicable to present the claims in time.

Employment Judge Fredericks placed great weight on that concession and also found that, even without it, it would have been reasonably practicable for the claimant to identify the respondent from his employment contract or seek early assistance before the time limit expired. The claims were therefore dismissed because the tribunal had no jurisdiction to hear them.