Ms J McGrattan v Represented by: Mr J McGrattan - Father MacArthur Leisure Ltd — 2019

The tribunal recorded that Ms McGrattan did not have two years' service, so unfair dismissal was not available, and that no discrimination claim under the Equality Act 2010 was being advanced. The only claim proceeding was wrongful dismissal, treated as a breach of contract claim. The wages issue was no longer insisted upon because the respondents had paid the admitted sum of £400.64 before the hearing.

The claim was accepted as out of time when first presented on 7 September 2018, rejected because the respondent name did not match the Early Conciliation Certificate, and then re-presented on 26 September 2018. The tribunal heard evidence about the claimant's personal circumstances, including her daughter's serious health condition, her son's autism, the breakdown of her marriage, and her own health issues, and accepted that these matters had made the period after dismissal very difficult.

Applying the "not reasonably practicable" test under article 7(a) and (c) of the 1994 Order, and referring to Wall's Meat Co Ltd v Khan, Palmer & another v Southend On Sea Borough Council, Schultz v Esso Petroleum Co Ltd, Asda Stores Ltd v Kauser, and Porter v Bandridge Ltd, the tribunal concluded that the claimant had not persuaded it to extend time. It considered that she had some awareness of the time limit, had consulted ACAS, and was able to organise and carry out work for her own personal training business during the relevant period. The claim was therefore dismissed for lack of jurisdiction.

The tribunal said that, if it had been satisfied that it was not reasonably practicable to present the claim in time, it would have allowed the claim to proceed because the further delay between 16 or 17 September and 26 September 2018 was not treated as unreasonable on the evidence. However, that issue did not arise because the threshold test for extending time was not met.