Mrs J Wright v Allied Vehicles Limited — 2021

Mrs J Wright brought the claim on behalf of her late husband, John Wright, who had been dismissed by Allied Vehicles Limited for gross misconduct after concerns were raised about an allegedly falsified fit note. The tribunal noted that he appealed, but his cancer diagnosis and later deterioration meant the appeal hearing was repeatedly postponed; he died on 28 January 2020. The claimant did not lodge the ET1 until 16 March 2021.

The tribunal applied the two-stage time-limit test under s.111(2)(b) ERA 1996 and referred to Dedman v British Building and Engineering Appliances and Marks and Spencer v Williams-Ryan. It accepted that, on the facts, it was not reasonably practicable for the claim to be presented within the primary three-month period, given the sudden illness, bereavement, and the claimant's lack of knowledge of tribunal time limits.

The tribunal then considered whether the claim had been brought within a reasonable further period. It found that the claimant had obtained legal advice and spoken to ACAS in November 2020, knew by then that she was already late, but still did not present the claim until 16 March 2021. The tribunal held that a reasonable further period would have been no later than the end of January 2021, and therefore decided that the claim was out of time and that it had no jurisdiction to hear it.