Mr J Varsani v Pyramid Plus South LLP (England and Wales : Breach of Contract)

Factual and Procedural Background

The Plaintiff brought claims alleging unfair dismissal, constructive unfair dismissal, and wrongful dismissal against the Defendant. These claims were presented to the Employment Tribunal after the expiry of the statutory time limit for lodging such claims. The Tribunal held a preliminary hearing to determine whether it had jurisdiction to hear the claims.

Legal Issues Presented

1. Whether the claims for unfair dismissal, constructive unfair dismissal, and wrongful dismissal were presented within the statutory time limit.
2. Whether the Tribunal has jurisdiction to hear claims presented outside the statutory time limit where it was reasonably practicable for the claims to have been presented in time.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Tribunal found that the claims were presented outside the statutory time limit. It further determined that it was reasonably practicable for the claims to have been lodged within the prescribed period. On this basis, the Tribunal concluded that it did not have jurisdiction to hear the claims. The decision was grounded on the statutory framework governing time limits for employment claims and the Tribunal’s jurisdiction to accept late claims only under exceptional circumstances.

Holding and Implications

The Tribunal's final decision was to DISMISS the claims for unfair dismissal, constructive unfair dismissal, and wrongful dismissal for lack of jurisdiction due to late presentation.

The direct effect of this decision is that the Plaintiff’s claims cannot proceed before the Employment Tribunal. No new legal precedent was established by this ruling.