Claimant v Tyne North Training Limited

Outcome

Facts

The claimant was employed from June 2006 until 30 September 2024, with a dispute over whether his fixed-term contract had been extended. He contacted ACAS on 22 December 2024 and received his certificate on 02 February 2025. The primary time limit for presenting his unfair dismissal claim was 02 March 2025. The claimant reviewed the claim form beforehand and considered it straightforward, but left completion until the final day. On 02 March 2025, he was unable to access his new laptop due to a forgotten iCloud password, despite attempting throughout the day and night. He became highly anxious and distressed. He successfully submitted the claim on 04 March 2025 after his computer restarted without requiring the password. The claimant had instructed solicitors intermittently but chose to handle the claim presentation himself. He was diagnosed with autism and ADHD in May 2025.

Decision

The tribunal dismissed the unfair dismissal claim as out of time. The judge found that it was reasonably practicable for the claimant to have presented the claim within the primary time limit. Although the claimant experienced genuine IT difficulties and distress on 02 March 2025, he had made a conscious decision to leave completion until the final day despite having reviewed the form earlier and finding it straightforward. The medical evidence of autism and ADHD did not establish that these conditions prevented him from completing the task earlier. While the claim was presented within a reasonable period after the deadline (two days later), this could not rescue it where it was reasonably practicable to present on time.

Practical note

Legal authorities cited