Ms J Davey as Personal Representative in the Estate of Mr Evan Innis v Facebook UK Limited — 2022

This was a preliminary judgment on whether the Tribunal could hear the unfair dismissal claim, which had been presented out of time. The Claimant, Ms J Davey as personal representative of the estate of Mr Evan Innis, applied for an extension of time under s.111 Employment Rights Act 1996. The application was not resisted by the Respondent, Facebook UK Ltd.

Employment Judge O’Rourke accepted the explanation for the delay. The judgment records that the case was exceptional because the person on whose behalf the claim was brought was deceased and his widow, acting as personal representative, had been dealing with the aftermath of his presumed suicide. The Tribunal also accepted that she had not had the benefit of professional legal advice from the outset and was unaware of the requirements of s.206 ERA as to becoming administrator of the estate or applying to the Tribunal under s.206(4).

The reasons note that an initial claim was submitted in February 2021 in her own name, but that this was invalid because she could not then comply with s.206. After taking professional advice in April 2021, she applied for letters of administration and received them on 5 July 2021, then issued the present claim a week later. The Tribunal concluded that it had not been reasonably practicable to bring the unfair dismissal claim within the three-month limit and that it was brought within such further period as was reasonable.

The result was that the Tribunal accepted jurisdiction to hear the unfair dismissal claim. No merits determination or monetary award was made in this judgment.