In person For the v Ms S Hobson, solicitor — 2018

The claimant, a Royal Mail postman, was dismissed for gross misconduct on 22 March 2018. He later brought claims under the Employment Rights Act 1996 concerning arrears of a negotiated pay rise, unpaid scheduled attendance payments, and holiday pay allegedly accrued during suspension. The tribunal dealt first with limitation and jurisdiction, because the claim was presented on 21 August 2018 after the three-month time limit had expired on 21 June 2018.

The tribunal accepted that the claimant had epilepsy, post-traumatic stress disorder, and other personal difficulties, but found no medical evidence or other evidence showing that those matters prevented him from presenting a claim in time. It also found that he had been represented by a CWU representative throughout the disciplinary process and appeal, and that any failure by that representative to warn him about tribunal time limits, or any mistaken advice about the deadline, did not make late presentation not reasonably practicable. Applying the statutory not reasonably practicable test, the tribunal held that the claims were out of time and dismissed them for lack of jurisdiction. No remedy was awarded.