Claimant v Smith and Massen Ltd t/a The Orchard
Outcome
Individual claims
Claim struck out as presented outside the statutory time limit. Claimant dismissed 4/10/24, should have claimed by 3/1/25, but did not apply for ACAS EC until 8/1/25 and filed claim on 26/2/25 (53 days late). Tribunal found it was reasonably practicable to claim in time despite bereavement and Ghana travel, as claimant had access to internet/phone and could have sought help earlier.
Facts
Claimant was dismissed on 4 October 2024 and lodged an internal appeal on 11 October 2024, which was dismissed on 6 November 2024. Her 86-year-old father-in-law died on 7 November 2024 and she and her husband travelled to Ghana from 15 December 2024 to 7 January 2025 for the funeral. She did not apply for ACAS early conciliation until 8 January 2025, already outside the three-month time limit, and filed her claim on 26 February 2025, approximately 53 days late.
Decision
The tribunal struck out the unfair dismissal claim as it was presented out of time. The tribunal found that despite the bereavement and travel to Ghana, it was reasonably practicable for the claimant to present her claim in time, as she had internet access on her phone even in Ghana and could have sought assistance from a colleague earlier. The tribunal showed sympathy for the bereavement but concluded this did not constitute an adequate explanation for the 53-day delay.
Practical note
Personal circumstances such as bereavement and overseas travel will not automatically satisfy the 'reasonably practicable' test for extending time limits if the claimant had the means and ability to file the claim in time.
Legal authorities cited
Statutes
Case details
- Case number
- 6006645/2025
- Decision date
- 18 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep