By written submissions For the v By written submissions — 2020

This was a preliminary hearing in chambers on the papers. The claimant had been employed by DHL Services Limited from 8 April 2002 until 21 May 2019, when he was summarily dismissed for gross misconduct after testing positive for cocaine under the respondent's substance misuse policy. He appealed, but the appeal was not upheld. The tribunal recorded that the claim also included an accrued holiday pay element, but no particulars of that holiday pay were provided in the ET1 or the written submissions.

The tribunal found that the normal limitation period had been extended by early conciliation to 6 October 2019 for the unfair dismissal claim and to 17 October 2019 for the holiday pay claim, but the ET1 was not presented until 25 October 2019. Applying the statutory question of whether it was "not reasonably practicable" to present the claims in time, the tribunal found that it was reasonably practicable for the claimant to do so. It relied on evidence that the claimant had contacted ACAS on 14 August 2019, had a union representative involved at the disciplinary and appeal stages, and had access to advice about bringing a claim and the relevant time limits.

The tribunal rejected the claimant's explanations that illness, drug dependency, and family circumstances prevented a timely filing. It noted that no medical evidence was produced, that the ET1 did not mention health issues, and that the appointment letters relating to the claimant's wife were dated only shortly before or after the relevant deadlines. The tribunal also found there was no evidence that any such circumstances prevented presentation of the claims during the months after dismissal. It concluded that all claims were limitation barred, that it had no jurisdiction to hear them, and it dismissed the unfair dismissal and holiday pay claims in their entirety.