In person For the v Ms Paine, Solicitor — 2020

Mr M Egbis worked as a Mail Room Operator for Grosvenor Cleaning Services Limited from 3 November 2018 to 30 January 2019 and was dismissed by redundancy. He said the dismissal was unfair and that he had been discriminated against because of disability, referring to lower back pain and a knee injury and, in particular, his inability to lift heavy pallets. The reasons also mention additional claims for harassment, victimisation and breach of contract, but note that the ET1 was confused and inadequately particularised.

The tribunal accepted the respondent's time-limit objection. It recorded that ACAS was first contacted on 25 June 2019 and the tribunal claim was presented on 25 July 2019. On the tribunal's chronology, the unfair dismissal and Equality Act claims were already out of time, and the breach of contract claim was also outside the relevant limitation period. The claimant provided no written medical evidence or other material explanation for the delay, did not appeal the dismissal, and took no effective steps between December 2018 and June 2019 despite having access to CAB, ACAS and online information.

Applying s.111 of the Employment Rights Act 1996 and s.123 of the Equality Act 2010, the tribunal held that time should not be extended. It therefore rejected the substantive claims for lack of jurisdiction and struck them out as out of time. Subject to that, the respondent had accepted an outstanding contractual obligation to pay five weeks' notice pay, and the tribunal ordered payment of £1,986 less tax, national insurance and other statutory deductions.