Outcome
Individual claims
Claim dismissed as presented out of time. Tribunal found it was reasonably practicable for the claimant to have submitted the claim before travelling to Burkina Faso on 4 September 2024, or after his road traffic accident while staying at his brother's home with internet access between 11-25 October 2024, before the extended time limit expired on 24 October 2024.
Facts
Claimant was dismissed on 13 June 2024. He engaged in ACAS EC from 19 July to 30 August 2024. The extended time limit expired on 24 October 2024 but he presented his claim on 31 October 2024, one week late. Before the time limit expired, the claimant travelled to Burkina Faso on 4 September to visit his seriously ill father. He was involved in a road traffic accident on 10 October, hospitalised for one night, and stayed with his brother (who had internet access) until returning to the UK on 25 October. He presented his claim six days after returning.
Decision
The tribunal dismissed the unfair dismissal claim as out of time. Despite the claimant's difficult circumstances, the tribunal found it was reasonably practicable to present the claim in time because there were two windows of opportunity: before departing on 4 September when he knew he might not have internet access abroad, and between 11-25 October while staying at his brother's home with internet access after his accident.
Practical note
Personal difficulties and travel abroad do not automatically make it not reasonably practicable to present a claim in time where the claimant had advance knowledge of their travel and had access to internet to submit a claim online before or during critical periods.
Legal authorities cited
Statutes
Case details
- Case number
- 6016898/2024
- Decision date
- 8 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Agincare Ltd
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No