Mr J Barbour v Lloyds Bank plc — 2019

The Tribunal considered a preliminary issue of whether the claims had been brought in time. The Claimant's employment ended on 29 November 2010 at the latest, and his ET1 was presented on 13 June 2019. The claims before the Tribunal were unfair dismissal, notice pay, holiday pay, unlawful deductions from wages, and public interest disclosure detriments and dismissal.

The Tribunal accepted that the Claimant had significant mental ill health around the time of dismissal and in early 2011. It found that the original time limit expired on 28 February 2011 and that it was not reasonably practicable for him to bring the claims by that date, given his condition and difficulty coping with day-to-day activities.

The Tribunal then considered whether the claims had been presented within a reasonable further period. It found that the Claimant was able to instruct solicitors and pursue personal injury litigation in the Court of Session by 25 April 2012, and that those tasks were comparable to what would have been needed to bring an Employment Tribunal claim. The Tribunal concluded that it would have been reasonably practicable for him to bring the Tribunal claim on or around 25 April 2012, and therefore the 13 June 2019 claim was out of time and outside the Tribunal's jurisdiction.