Mr T B Barnden v Brighton and Hove Albion Football Club — 2020

The claimant was dismissed with effect from 14 June 2019 and brought unfair dismissal and breach of contract claims, including a claim relating to a bonus payment. The only issue heard was limitation. The parties agreed that, taking ACAS Early Conciliation into account, the limitation date was 13 October 2019. The tribunal set out the statutory time limits in section 111 Employment Rights Act 1996 and regulation 7 of the Employment Tribunal's Extension of Jurisdiction (E&W) Order 1994, and referred to Dedman, Wall's Meat Co Ltd v Khan, and Initial Electronic Security Systems Ltd v Avdic when considering whether it had been reasonably practicable to present the claims in time.

On the evidence, the tribunal found that the claimant had solicitors throughout, had been given a gov.uk link, and had ample opportunity to check either with his solicitors or the tribunal website how to submit the claim. He said he phoned the tribunal on 7 October 2019 and was told to submit by email, but the tribunal found there was no corroboration for that account and no basis to rely on it. The claim was not presented by the prescribed method until 15 October 2019, after the limitation date, and the tribunal found that leaving the claim until almost the last moment reduced any margin for error.

The tribunal held that it was reasonably practicable for the claimant to present the claims within time. It distinguished the 'reasonably practicable' test from the 'just and equitable' test used in discrimination claims and found no other relevant factor, such as illness or postal delay, that would excuse the late presentation. The unfair dismissal and breach of contract claims were therefore dismissed for want of jurisdiction.