Miss C Smith v Just Paper Tubes Ltd — 2023

The Tribunal considered whether Miss Smith's unfair dismissal complaint had been validly presented within the applicable time limit. She had emailed an ET1 form to the Tribunal on 19 December 2022, but the Tribunal's automatic response said that new claims could not be accepted by email. The Tribunal also wrote on 21 December 2022 returning the claim form, though Miss Smith said she did not receive that letter.

The Tribunal accepted evidence that Miss Smith was upset during late 2022 and early 2023, had limited technological confidence, and relied heavily on a friend who was not a lawyer to help submit the claim. It found that it was not reasonably practicable for her to present the claim within the primary time limit because she mistakenly believed the claim had been validly presented on 19 December 2022.

However, the Tribunal concluded that the claim was not then presented within a reasonable further period. It found that Miss Smith or her helper should have made further enquiries by mid-February 2023, that any reasonable period would have ended by 28 February 2023, and that Miss Smith did not contact the Tribunal again until 7 June 2023. The unfair dismissal complaint was therefore struck out.