Claimant v Vallourec Oil & Gas UK Limited
Outcome
Individual claims
Claim brought under s.103A ERA 1996 for dismissal due to protected disclosure. Dismissed as out of time. Claimant filed claim on 2 June 2025, after extended time limit of 13 September 2024 expired. Tribunal found it was reasonably practicable to file in time despite claimant's mental health issues and alleged lack of knowledge of tribunal time limits.
Claim for detriment under s.47B ERA 1996 for making protected disclosures. Dismissed as out of time. Time limit ran from last detriment on or before 12 April 2024, making extended deadline 13 September 2024. Claimant did not file until 2 June 2025. Tribunal rejected arguments that ill health, lack of documents, or fear of retaliation made filing within time not reasonably practicable.
Facts
Claimant was injured in a workplace accident on 11 March 2024 and dismissed on 12 April 2024, allegedly for making health and safety protected disclosures. He notified ACAS on 2 July 2024 and received certificate on 13 August 2024, giving him until 13 September 2024 to file. He did not file his ET1 until 2 June 2025. During the interim period, claimant was prescribed anti-depressants for low mood and anxiety, but remained capable of instructing solicitors for a personal injury claim, making a DSAR, corresponding at length with the respondent, reporting to the HSE, and engaging in social media activity. He returned to work in May 2025.
Decision
Tribunal dismissed both claims as out of time. Judge found it was reasonably practicable for claimant to file by 13 September 2024 despite mental health difficulties. Claimant was aware of time limits, had access to advice (CAB, solicitors, ACAS, internet), and remained active in pursuing related claims and correspondence. Even if time were extended on health grounds, tribunal held any reasonable extension would expire by early May 2025 when claimant returned to work, not 2 June 2025 when he filed.
Practical note
Mental health difficulties, even when medicated, will not automatically justify extending time limits if the claimant remains capable of pursuing related claims, instructing solicitors, and engaging in complex correspondence during the limitation period.
Legal authorities cited
Statutes
Case details
- Case number
- 8001410/2025
- Decision date
- 18 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No