Tinnion Mr. Peter Ryan v British Telecommunications plc — 2021

The Claimant confirmed that he brought only one claim about an alleged shortfall in enhanced redundancy pay following dismissal on grounds of redundancy. He put that claim as unlawful deduction from wages under s.13(1) ERA 1996 and as breach of contract under the Industrial Tribunals Extension of Jurisdiction (Scotland) Order 1994. He confirmed he was not bringing complaints of unfair dismissal, statutory redundancy payment, PILON, CLARPS, or any other matter.

The Tribunal found that the unlawful deduction complaint had to be presented by 28 February 2021, three months from the 30 November 2020 payment, and the breach of contract complaint had to be presented by 8 February 2021, three months from termination on 8 November 2020. The Claimant contacted ACAS on 29 March 2021 and presented the ET1 on 27 April 2021, so both complaints were out of time.

The Tribunal accepted the Claimant's evidence about bereavements, physical impairment, and poor mental condition, but was not satisfied that he had proved it was not reasonably practicable to present the complaints in time. It also found that, even if presentation in time had not been reasonably practicable, the Claimant had not acted with reasonable promptness after becoming aware in mid-March 2021 that he might be able to bring a claim. The Tribunal therefore concluded that it lacked jurisdiction and dismissed the claim.