Edward Anderson v Delta Slaley Hall Co Limited — 2025

The claimant worked as a sous chef from 4 September 2023 to 4 November 2023. He alleged that he made protected disclosures about drug use by staff, a near miss involving hot oil, cross-contamination concerns, and unsafe food practices, and that he was then dismissed and subjected to detriments because he had raised those matters. He also pursued a breach of contract point concerning an alleged tax rebate or PAYE deduction issue.

The tribunal did not reach the merits of the whistleblowing complaints. It found that the claims were presented outside the relevant time limits, with the successful ET1 filed on 15 April 2024. It accepted that the claimant was credible and that he had faced technical difficulties with the portal and had sought Citizens Advice assistance, but held that it was reasonably practicable to present a compliant claim in time, including by using the 'describe your claim' box to give a summary when the RTF upload would not work.

Applying sections 111(2), 111(2A) and 207B ERA 1996, and the authorities it cited on the not reasonably practicable test, the tribunal also held that the claim was not presented within a further reasonable period after the initial rejection on 2 April 2024. It said the claimant had prompt advice and could have resubmitted in a compliant form within a day or so. It therefore held that it had no jurisdiction to hear any of the claims and dismissed them. The breach of contract point was noted as withdrawn at the hearing and was included in the overall dismissal.