In person For the v Mr John McArdle (legal executive) — 2023

At this preliminary hearing, Employment Judge Alliott considered whether the claimant's unfair dismissal and wages/breach of contract claims could proceed in light of limitation. The claimant had been dismissed with immediate effect on 11 November 2021 and paid 12 weeks' pay in lieu of notice. The tribunal found the unfair dismissal claim was presented on 11 July 2022, about five months after the three-month primary limit expired on 10 February 2022, and that the early conciliation period from 26 to 28 June 2022 did not extend that primary limit.

The tribunal accepted the claimant's evidence that he suffered a mental health breakdown after being told of the dismissal, and accepted medical evidence that he had bipolar affective disorder and was under specialist care until late April 2022. On that basis, it found it was not reasonably practicable to present the claim by 10 February 2022. However, it found that by the end of April or beginning of May 2022 he was well enough to present a claim, and that the further delay until 11 July 2022 was not reasonable. The tribunal also found that any ignorance of time limits was not reasonable, noting that the claimant could have researched the position and had access to the internet at his library.

The unfair dismissal claim was therefore struck out for lack of jurisdiction, and the unauthorised deduction of wages and breach of contract claims were also struck out. The wages claim was said to relate to October 2012 and was described as clearly out of time. The tribunal did not determine the claimant's disability discrimination complaints about the refusal to hear appeals from 17 May 2022; it noted those refusals were in time and left open whether they formed part of a continuing course of conduct and whether time should be extended on a just and equitable basis at the full merits hearing.