Claimant v Care UK Community Partnership Limited
Outcome
Individual claims
The claim was struck out for being out of time. The tribunal found it was reasonably practicable for the claimant to present his claim within the three-month time limit. Despite the claimant's mental and physical health issues, he obtained legal advice in March 2024, represented himself at an internal appeal in May 2024, and was not incapacitated from the less demanding task of filing a claim. The tribunal rejected his argument that ill health prevented timely filing.
Facts
The claimant was a Team Leader Care Assistant employed from October 2017 until dismissal on 13 March 2024. He was suspended on 17 February 2024. He obtained legal advice in March 2024 and solicitors drafted an appeal letter on his behalf. He represented himself at an internal appeal hearing on 1 May 2024. He did not contact ACAS for early conciliation until 10 September 2024 and filed his ET1 on 11 October 2024, nearly seven months after his dismissal. He claimed depression, anxiety, PTSD, and physical health issues prevented him from filing in time.
Decision
The tribunal struck out the unfair dismissal claim as out of time. The tribunal found that despite the claimant's health issues, it was reasonably practicable for him to present his claim within the three-month time limit. The claimant had obtained legal advice in March 2024, was aware of time limits, and was able to represent himself at an appeal and eventually file his claim. The medical evidence did not show incapacity from the simple task of filing a claim, and there was an unreasonable four-month delay after the primary limitation period expired.
Practical note
Ill health alone does not automatically make it not reasonably practicable to claim in time; claimants must show they were genuinely incapacitated from the act of filing, particularly where they obtained legal advice early and engaged in other activities during the limitation period.
Legal authorities cited
Statutes
Case details
- Case number
- 2225558/2024
- Decision date
- 20 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Team Leader Care Assistant
- Service
- 6 years
Claimant representation
- Represented
- No