Mr A Ryles v Network Rail Infrastructure Limited — 2022

The preliminary hearing considered whether the claimant's claims, as then pleaded, had been brought in time. Both parties accepted that the claims were lodged outside the three-month time limit: the claimant's employment ended on 6 August 2021, ACAS was contacted on 8 November 2021, and the ET1 was lodged on 23 December 2021.

For the constructive unfair dismissal and breach of contract claims, the tribunal applied the reasonably practicable test. It found that the claimant had not shown it was not feasible to bring those claims in time, noting the absence of contemporaneous medical evidence for August to December 2021 and the claimant's ability to obtain and work in new employment. It also found that, after early conciliation, the ET1 could have been lodged sooner. Those claims were therefore out of time and could not proceed.

For the Equality Act claims of disability related harassment and victimisation, the tribunal applied the just and equitable test. Although the claimant's evidence about legal advice was inconsistent and there was no medical evidence for the relevant period, his evidence about mental health was not challenged and there was a later PTSD diagnosis. The tribunal did not accept that allowing the discrimination claims to proceed would cause forensic prejudice to the respondent, and extended time for those claims. It made clear that this was not a decision on whether the complaints formed part of a continuing act.