Mr Cross in person For the v Ms Priscilla Nketiah, employment advocate — 2023

Mr Cross was dismissed as a field engineer on 3 August 2021 after suspension connected with his arrest in August 2020. He later presented an unfair dismissal claim on 27 August 2022, outside the normal time limit, which had expired on 17 November 2021 after the early conciliation extension. The preliminary hearing therefore concerned only whether time should be extended under section 111(2)(b) of the Employment Rights Act 1996.

The tribunal accepted Mr Cross's evidence that a union branch secretary referred him to Peter Kerslake, whom he reasonably believed to be a solicitor. It found that he was told a claim had been submitted on 24 October 2021 and that an email forwarded to him on 18 November 2021, purporting to confirm submission through GOV.UK, was not genuine. The tribunal found that no claim had in fact been presented in October 2021.

Applying the statutory test of whether it was reasonably practicable to present the claim in time, and considering Dedman v British Building and Engineering Appliances Ltd and Wall's Meat Co v Khan, the tribunal held that the Dedman principle did not prevent Mr Cross from relying on adviser deceit in these circumstances. It found that he had no reason to suspect the deception, that he was entitled to rely on what he was told, and that the delay after he discovered the problem was reasonable. Time was therefore extended and the claim could proceed.