Mrs L Preston v EE Limited — 2025

This was a preliminary hearing on whether the Tribunal had jurisdiction to hear claims that the parties agreed had been lodged outside the applicable time limits. The Claimant had been dismissed on capability grounds on 14 October 2021 after absence from work due to frequent seizures. She claimed unfair dismissal and disability discrimination; the Respondent contested the claims.

The Tribunal accepted the Claimant's evidence that she had believed her claim had been submitted in March 2022 by Mr Kerslake after her trade union representative had passed the case materials to him, and that Mr Kerslake had told the representative that the ET1 had been submitted. The Tribunal found Mr Kerslake was not a skilled adviser and accepted that the Claimant remained in contact with her trade union, believed delays were caused by Employment Tribunal backlogs, and lodged the claim herself after becoming concerned around two years later.

For unfair dismissal, the Tribunal found it was not reasonably practicable for the claim to have been presented in time because the Claimant believed it had already been presented, and that the claim was then presented within a reasonable further period. For the disability discrimination complaints, the Tribunal accepted there was potential prejudice to the Respondent from the delay because some witnesses had left the business, but found the prejudice to the Claimant in losing the opportunity to proceed was greater and that it was just and equitable to extend time.