Mr S Saint v Royal National Lifeboat Institution (RNLI) — 2024

The claimant had spinal surgery in about 2021 and could not return to his role as Coxswain at Aldeburgh Lifeboat Station. Following a grievance process, he was told at a meeting on 27 February 2023 that he was being dismissed on grounds of ill-health capability. The respondent’s email of 3 March 2023 said the claimant’s last day of service was that day, while the dismissal letter referred to notice running from 3 March to 2 June; later correspondence and the appeal record also treated 3 March 2023 as the last day of employment. The tribunal found that 3 March 2023 was the effective date of dismissal for limitation purposes.

The unfair dismissal complaint was presented on 2 September 2023 after Acas early conciliation began on 25 June 2023 and ended on 6 August 2023. On the tribunal’s findings, the three-month time limit expired on 2 June 2023, and the claimant had not approached Acas by that date so there was no statutory extension available before expiry. Applying section 111(2) Employment Rights Act 1996, the tribunal accepted that the claimant genuinely but mistakenly believed that 2 June 2023 was the relevant date, that he had confused himself about timing, and that the mistake meant it was not reasonably practicable for him to present the claim in time. The tribunal was satisfied that he then brought the claim within a further reasonable period.

For the disability discrimination complaint, the tribunal applied section 123 Equality Act 2010 and held that it was just and equitable to extend time. It noted that some delay had occurred and that this could cause prejudice to both sides, but concluded that the practical prejudice would likely have been similar whether the claim had been presented in late May or early September. The tribunal therefore held that it had jurisdiction to consider both the unfair dismissal and disability discrimination claims. The case was listed for a final hearing on 22 to 25 July 2024, but those dates were vacated because the parties were not ready, and the case was relisted to be notified later.