Robert Parkin of Counsel For the v Mohammad Saleem, Solicitor — 2021

The tribunal dealt with a preliminary issue on limitation in a claim against Biplobs Restaurant. It found that the claimant was dismissed on 28 February 2020, so the three-month time limit under s.111 ERA 1996 expired at midnight on 27 May 2020. The claim was not issued until 23 September 2020.

The claimant relied on the impact of the pandemic, type 2 diabetes, inability to obtain legal advice, and stress following dismissal. The tribunal accepted that he had type 2 diabetes and was distressed by the loss of his job and the pandemic, but noted there was no medical evidence showing that his condition prevented him from issuing proceedings. It also found that he had internet access, a smartphone, and family members who could assist him, and that he made no attempt to telephone a solicitor or otherwise investigate whether he had a claim and what the time limits were.

Applying s.111(2) ERA 1996 and the authorities cited on "reasonably practicable", the tribunal concluded that it had been reasonably feasible for the claimant to establish his rights and issue the claim within time. It accepted that he first learned in or around June 2020 that he might have a claim and that a three-month limit applied, but found no physical impediment, no misleading conduct by the respondent, and no evidence of incapacity.

The tribunal also held that, even if it were wrong on the primary limitation question, the claim was not brought within a further reasonable period after June 2020. It found unreasonable delay between learning of the potential claim, approaching solicitors on 1 August 2020, instructing them on 14 August 2020, and issuing proceedings on 23 September 2020. The claim was therefore dismissed.