Mr M Galea v British Telecommunications plc — 2019

The preliminary hearing concerned whether the claimant's unfair dismissal and discrimination claims should be allowed to proceed despite being presented outside the primary time limits. The tribunal found that the claimant's employment terminated on 28 February 2018, following his choice to take pay in lieu of notice, and did not accept that retaining work equipment or later pension correspondence meant he reasonably believed employment continued beyond that date.

For unfair dismissal, the tribunal found it was reasonably practicable for the claimant to present the claim in time. It also found that, even if that were wrong, the claimant had been advised by the end of May 2018 and by ACAS on 28 June 2018 that time limits were an issue, but did not act quickly enough before presenting the claim on 10 August 2018. The unfair dismissal claim was therefore dismissed.

For discrimination, the tribunal found the section 15 Equality Act 2010 claim relating to dismissal was out of time and that it was not just and equitable to extend time, taking into account prejudice, recollection evidence, and the apparent prospects of that dismissal-related claim. However, it extended time for two sections 20 and 21 Equality Act 2010 claims concerning alleged PCPs connected with medical retirement and information about that process, finding that those claims were freestanding, had some potential merit, and depended less on recollection evidence.