Mr R Goualin v Mitie Limited — 2020

The preliminary issue was whether the claimant's claims for unfair dismissal and accrued but unpaid holiday pay had been presented in time, and if not whether time should be extended. The Tribunal found that the claimant was dismissed during a telephone conversation on 8 July 2019, rather than on 13 July 2019 when he received the dismissal letter. On that basis, the extended primary limitation period expired on 1 December 2019 and the ET1 presented on 3 December 2019 was two days out of time.

The Tribunal accepted the claimant's evidence that he had not appreciated the adjusted limitation deadline, that he had been advised to pursue the internal appeal first, and that his health affected his ability to present the claim near the end of the limitation period. In particular, it accepted evidence about the effects of stopping medication around 26 November 2019 and concluded that it was not reasonably practicable for him to issue proceedings by 1 December 2019.

Because the claim was presented only two days after the primary limitation period expired, the Tribunal held that it had been presented within a reasonable further period. It therefore decided that it had jurisdiction to consider both the unfair dismissal claim and the accrued holiday pay claim on their merits, with directions for a later final hearing.