Mrs Hodgson, Counsel For the v Respondent — 2019

This was a preliminary hearing on the respondent's limitation objection to the claimant's unfair dismissal claim. The tribunal recorded that the claimant was dismissed with payment in lieu of notice with effect from 31 January 2018, that the ordinary time limit would have expired on 30 April 2018 absent ACAS conciliation, and that the claim form was issued on 24 May 2018. The issue was whether it was not reasonably practicable for the claimant to present the claim in time under s.111(2)(b) of the Employment Rights Act 1996.

The tribunal accepted evidence that the claimant had been taking antidepressant medication before dismissal and became significantly unwell after it. It found that from 1 March 2018 she had a significant and unpleasant mental illness that worsened during the limitation period, with symptoms including shaking, avoidance, suicidal thoughts, crying, tearfulness and very low mood. The tribunal also accepted that by 4 May 2018 she became aware of the time limit issue when she obtained help, then moved quickly into ACAS early conciliation and issued the tribunal claim shortly afterwards.

The tribunal rejected the respondent's submission that the claimant could simply have passed the matter to her partner. It also found as a fact that she was genuinely ignorant of the relevant time limit during the key period and had thought she needed to wait three months before bringing a claim. Applying the authorities it cited, including Dedman, Porter, Palmer and Scholtz, the tribunal concluded that it was not reasonably practicable for the claimant to present the claim within the ordinary time limit and that an extension of time was appropriate under s.112. The tribunal therefore held that the claim was in time and may proceed. No substantive merits determination or monetary award was made at this hearing.