Pyrcy Morson (Solicitor) For the v Morag Dalziel (Solicitor) — 2023

The claimant worked for Whitbread Group Plc from 20 January 2017 until his resignation with effect from 19 July 2021. He brought an unfair dismissal claim and Equality Act claims said to arise from the handling of his route to Head Chef, his apprenticeship, and related grievance correspondence. The tribunal dealt only with time limits and did not determine the substantive merits of the claims.

For unfair dismissal, the tribunal applied section 111(2) ERA 1996 and found that it was reasonably practicable to present the claim in time. The claim form was presented on 9 November 2021, and the judge found no satisfactory explanation for leaving filing to the last day, relying on postal submission without checking whether the claim had been received or taking further steps when it had not been confirmed. The unfair dismissal claim was therefore dismissed as out of time.

For the Equality Act claims, the tribunal accepted that the claim was three days late beyond the 6 November 2021 deadline and applied the section 123(1) Equality Act 2010 just and equitable test, referring to Adedeji v University Hospitals Birmingham and Abertawe Bro Morgannwg University Local Health Board v Morgan. The judge accepted the delay was short and that the claimant had relied on solicitors, but held that the explanation was incomplete, that there was potential prejudice from issues going back to 2019 and the apprenticeship period, and that key witnesses had left the respondent's employment. The judge said the limited material did not permit a clear view on merits strong enough to outweigh those factors, and the discrimination, harassment and victimisation claims were dismissed as out of time.