Claimant v The Fountain Bar Limited
Outcome
Individual claims
This was a preliminary hearing on time bar only. The tribunal determined it had jurisdiction to hear the claim and the substantive merits will be determined at a final hearing to be listed.
Facts
The claimant was bar manager at The Fountain Bar in Aberfeldy from August 2020 to December 2024. He submitted his ET1 on 12 May 2025 but mistakenly named the respondent as 'Gavin Price' (a director) rather than the correct company name. The claim was rejected on 14 May. The claimant did not see the rejection email until 18 May due to moving house and dealing with marriage breakdown. He resubmitted correctly on 19 May 2025, three days out of time.
Decision
The tribunal determined that the claim was presented 3 days out of time but found it was not reasonably practicable for the claimant to present in time given his stressful personal circumstances including house move and marriage difficulties coinciding with the deadline. The tribunal exercised its discretion under s.111(2)(b) ERA to accept the claim and ruled it has jurisdiction to hear the unfair dismissal claim at a full merits hearing.
Practical note
Tribunals will apply the 'reasonably practicable' test sympathetically where unrepresented claimants make technical errors on ET1 forms and are dealing with significant personal stressors, particularly where the overall delay is minimal and promptly rectified.
Legal authorities cited
Statutes
Case details
- Case number
- 8001257/2025
- Decision date
- 3 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- bar manager
- Service
- 4 years
Claimant representation
- Represented
- No