Mr M Martins v Mitie Security Limited — 2019

The tribunal considered whether the claimant's unfair dismissal and disability discrimination claims, which were presented outside the primary limitation periods, should be allowed to proceed. The claimant had been unwell from around 10 October 2018, was admitted to hospital in late October 2018, transferred between Priory hospitals, and discharged on 7 March 2019.

For the unfair dismissal claim, the tribunal found that it was not reasonably practicable for the claimant to present the claim in time. It accepted that after discharge he believed his employer would resolve matters until the end of May 2019, then acted swiftly by seeking advice, contacting ACAS, and presenting the claim. The tribunal accepted that ACAS incorrectly told him he had until 12 July 2019 to present the claim, and found it reasonable for him to rely on that advice.

For the disability discrimination claims, the tribunal found it just and equitable to extend time. It found there was a reasonable explanation for the delay, that the claimant acted reasonably once he sought legal advice, that the respondent was not unreasonably prejudiced by the delay, and that a fair hearing remained possible.