Case 4107846/2019 · Employment Tribunal
Mrs T Frail v Not present or represented Dundee City Council — 2019
- Case reference
- 4107846/2019
- Decision date
- 8 November 2019
- Jurisdiction
- Scotland
- Judge
- Employment Judge McFatridge
- Venue
- Dundee
Parties
2 namedClaimant
Mrs T Frail
Key findings
Tribunal's reasoningMrs T Frail presented a claim for unfair dismissal against Dundee City Council. The respondents took a preliminary point that the claim was time-barred. The tribunal recorded that the effective date of termination was 23 January 2019, that ACAS conciliation was applied for on 9 April 2019, that the ACAS certificate was issued on 26 April 2019, and that the last date for a timeous claim was 26 May 2019.
The case was listed for a preliminary hearing so that the claimant could show that it had not been reasonably practicable to present the claim within the initial three-month period and that it had been presented within a reasonable time thereafter. The claimant did not attend or send anyone on her behalf. The clerk telephoned the number she had provided and left a voicemail, but there was no response. The respondent appeared and moved for dismissal.
The tribunal proceeded under rule 47 on the information available. It noted that the claimant had referred in the ET1 to being aware that the claim had been submitted outwith the relevant period, and that the onus would have been on her to satisfy the tribunal that time should be extended under section 111(2)(b) of the Employment Rights Act 1996. In the absence of any appearance by the claimant, the tribunal dismissed the claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed at a preliminary hearing because the claim was treated as out of time and the claimant did not appear to seek an extension of time. The extracted text states that the claim was not submitted until 26 July 2017, which is inconsistent with the surrounding dates and appears to be a typographical error in the source text. | Dismissed | — | — |
Legal tests applied
4 references- rule 47
- s 111(2)(b) of the 1996 Act
- reasonably practicable
- reasonable time thereafter
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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