In Person v Respondent — 2021

The claim concerned a single unfair dismissal complaint arising from the claimant’s dismissal by Ascendancy Internet Marketing Limited on 24 September 2020. The claim was presented on 26 February 2021, after the primary limitation period had expired on 23 December 2020. The tribunal therefore determined the preliminary time-limit issue under section 111(2) of the Employment Rights Act 1996.

The tribunal accepted that the claimant had experienced difficult personal circumstances in 2020, including family and health issues, and that incorrect thyroid medication and associated anxiety had affected his mental health. It also accepted that he sought mental health support from October 2020. However, it found that these matters did not prevent him from taking other steps during the limitation period: he drafted a detailed appeal against dismissal on 1 July 2020, updated his CV, made written job applications from late September 2020, increased his working hours, began work for another employer, and sent a detailed email seeking reinstatement in November 2020.

The tribunal was not persuaded that the claimant had shown it was not reasonably practicable to present the claim in time. It noted the lack of corroborative medical evidence supporting the claimant’s explanation and the inconsistency between his evidence and the GP letter he relied on. The tribunal also rejected his later explanation that he had failed to prioritise the claim, because that point was not reflected in his witness statement or skeleton argument. In the alternative, it held that even if the claim could not have been presented in time, it was not brought within a further reasonable period. The unfair dismissal claim was therefore dismissed and the final hearing listed for December 2021 was vacated.