Claimant v B.L.I.S.S Residential Care Ltd — 2022

Ms T Fellowes brought an unfair dismissal claim against B.L.I.S.S Residential Care Ltd after her employment ended with an effective date of termination of 8 October 2020. The tribunal dealt first with limitation and jurisdiction. It noted that ACAS early conciliation began on 4 January 2021 and that the early conciliation certificate issued on 10 February 2021. The claimant's solicitor sent the claim form by first class post on 11 February 2021, but it was addressed to Bristol Employment Tribunal rather than the Leicester central office required by the presidential practice direction.

The judge found that the solicitor, Miss Rolls, believed she had sent the claim to the correct address and did not realise that using the wrong office meant the claim would be rejected and treated as not filed. When the error was pointed out in a letter dated 10 March 2021, she checked the file, dictated a corrected letter, and it was sent the following day. The tribunal accepted that she acted promptly and reasonably in the circumstances, including the impact of the coronavirus pandemic, remote working, furlough, reduced support staff, and delays in the tribunal system.

Applying the reasonable practicability test under s.111(2)(b) ERA 1996, and referring to the authorities cited, the tribunal held that it was not reasonably practicable for the claim to have been filed in time and that it was filed within a reasonable time after the mistake was discovered. The tribunal therefore found that the claim was in time and that the Employment Tribunal had jurisdiction to hear it. This judgment did not determine the merits of the unfair dismissal claim and recorded no monetary award.