Outcome
Individual claims
The tribunal found the claim was presented 6 days out of time and that it was reasonably practicable for the claimant to have presented the claim within the three-month statutory period. Despite the claimant's personal difficulties (niece's death and divorce proceedings), the tribunal held that emotional and mental devastation amounted only to stress which, following Kauser, is insufficient to extend time limits, particularly where no medical advice was sought.
Facts
The claimant was dismissed on 25 September 2024 and should have filed his unfair dismissal claim by 12 February 2025, but filed 6 days late on 18 February 2025. He attributed the delay to devastating personal circumstances: his 18-year-old niece died on 31 December 2024 and he was at her bedside; he was going through divorce proceedings which resulted in death threats from his ex-wife's family in mid-February 2025. Despite knowing the deadline and having the ACAS letter, he forgot about it while grieving at home. He did not seek medical treatment for his emotional difficulties.
Decision
The tribunal dismissed the claim as out of time. Despite expressing sympathy for the claimant's difficult personal circumstances, the tribunal held that emotional and mental devastation amounted to stress, which following the Kauser precedent is insufficient to establish it was not reasonably practicable to meet the time limit. The claimant knew the deadline, was at home during the period, and did not seek medical advice, so it was reasonably practicable for him to have filed on time.
Practical note
Even significant personal trauma such as bereavement and family threats will not extend unfair dismissal time limits unless the claimant can show it amounted to more than stress or that they were genuinely incapacitated from filing, particularly where they knew the deadline and were physically able to file.
Legal authorities cited
Statutes
Case details
- Case number
- 6005362/2025
- Decision date
- 11 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- HBOS plc
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No