Miss T Milford v Cardiff County Council — 2024

Miss Milford was a corporate trainee working as a customer service representative. Her employment ended on 23 February 2023. She said she telephoned the Tribunal on 25 July 2023 and was told the time limit expired on 27 July 2023. She then completed an ET1 on her mobile phone, but entered the Respondent’s address in the claimant address box, so the form was rejected by a letter dated 8 August 2023. She submitted a fresh ET1 on 9 August 2023, which the Respondent said was 13 days out of time and should be struck out, with a deposit order sought in the alternative.

The Tribunal referred to Robertson v Bexley CC, Lowri Beck Services Ltd v Brophy, Software Box Ltd v Gannon and Adams v British Telecommunications plc. It accepted the claimant’s evidence that she was unrepresented, was using a small mobile phone screen, had checked the deadline with the Tribunal, and genuinely believed the first ET1 had been validly presented and was progressing in time until she received the rejection letter. The Tribunal found that, before she learned of the error, it was not reasonably practicable for her to submit a new claim within time.

The Tribunal therefore declined to strike out the unfair dismissal claim and also refused to make a deposit order. The decision was confined to the preliminary time-limit issue, and no merits finding or monetary remedy was made.