Ms H Smitherman v Royal Mail Group Limited — 2022

The judgment concerned time limits and jurisdiction. The claimant was dismissed in December 2020 and presented her claim on 12 April 2021. The Tribunal found that the primary limitation date for the unfair dismissal and discriminatory dismissal complaints was 7 March 2021, and that the money claims were also out of time.

For unfair dismissal, holiday pay, notice pay and arrears of wages, the Tribunal accepted that the claimant was distressed after dismissal and could not have issued a claim immediately in December. It found, however, that by February and March 2021 she was able to correspond with the respondent, contact ACAS, and function with assistance from her mother. The Tribunal concluded that the substantial reason the claims were not issued in time was that the claimant was focused on her appeal and reinstatement, not that it was not reasonably practicable to issue the claims. Those claims were struck out for lack of jurisdiction.

For disability discrimination, the Tribunal found that the claim was out of time but that it was just and equitable to extend time. It took account of the claimant's physical and mental impairments, other difficulties during the period, her continuing belief that the dismissal related to disability, the length of the delay, the absence of evidence that the delay affected the respondent's ability to respond, and the prompt issue of the claim after the solicitor reminded the claimant's mother. Case management orders were made for clarification of the disability discrimination complaints.