Mr Dilmi v Wilson Jones Catering Ltd Heard by CVP — 2021

This was a preliminary hearing on limitation only. The claimant’s employment ended on 11 July 2017, the ACAS certificate was issued on 4 April 2018, and the ET1 was presented on 14 August 2018. The tribunal recorded that the unfair dismissal claim was out of time and that it was reasonably practicable for the claimant to have presented it in time. It therefore struck out the unfair dismissal claim under section 111(2) ERA 1996.

On the evidence before it, the tribunal found that the claimant had access to a computer and the internet while in Algeria and was able to correspond with the respondent. He accepted that nothing prevented him from presenting a tribunal claim earlier, and he accepted responsibility for the delay. The tribunal concluded that he could have brought the unfair dismissal claim in time or within a reasonable time after the time limit expired.

The tribunal also found that the disability discrimination claim was out of time and that it was not just and equitable to extend time. It referred to the statutory three-month limitation period for discrimination claims and the authorities it cited on the burden on a claimant seeking an extension, including Marks & Spencer plc v Williams-Ryan, Robertson v Bexley Community Centre t/a Leisure Link, and O’Brien v Department for Constitutional Affairs.

In refusing to extend time for the discrimination claim, the tribunal relied on the length of the delay and the prejudice to the respondent. It noted that the claimant delayed while waiting for his appeal, that he did not attend some appeal hearings, that he took two months after the appeal concluded to contact ACAS, and a further four months to present the claim. The tribunal recorded that the respondent no longer had witnesses available who had been involved with the claimant’s employment, and it therefore struck out the disability discrimination claim.