In person For the v Mr S Morley, Consultant — 2019

The claimant presented a breach of contract claim arising from work done through the respondent as an agency worker at Asda. The tribunal found that, if 3 May 2019 was taken as the end of employment, the ordinary limitation date was 2 August 2019, but the claim was not presented until 11 February 2021. The claim was therefore about 79 to 80 weeks out of time and could only proceed if the tribunal were satisfied under article 7 of the Employment Tribunals (Extension of Jurisdiction) Order 1994 that it was not reasonably practicable to present it in time and that any later presentation was within a reasonable further period.

The claimant said that he had been unaware of ACAS, employment tribunals, and his rights until a later dismissal by another employer in July 2020, and he also relied on homelessness and eviction issues during part of the later delay. The tribunal accepted that he had genuinely been ignorant of his rights before July 2020, but held that this ignorance was not reasonable in light of his years of work history, multiple workplaces, repeated dismissals, access to the internet and other sources of advice, and the fact that employment tribunals were part of the working environment. It also found that the homelessness and eviction difficulties did not explain the earlier delay because they arose much later than the end of employment.

The tribunal therefore concluded that it was not reasonably practicable for the claim to have been presented within time, and also that the period between the expiry of the time limit and presentation of the claim was not a reasonable further period. The claim was struck out. No monetary award was made.