Claimant v Northlink Ferries Serco Ferries (Guernsey) Limited
Outcome
Individual claims
The claim was struck out for being outside the tribunal's jurisdiction under section 111 of the Employment Rights Act 1996. The tribunal found it was reasonably practicable for the claimant to have presented the claim within the primary three-month time limit, and even if not, the claim was not presented within a reasonable period thereafter.
Facts
The claimant worked as a security officer on ferries from August 2017 until his summary dismissal for gross misconduct on 8 February 2024 (effective date of termination 15 February 2024 when he received the dismissal letter). He was suspended in December 2023, attended disciplinary hearings in January 2024, and appealed the dismissal decision which was rejected on 1 March 2024. The claimant suffered mental health difficulties following his dismissal, including anxiety and stress. He did not commence ACAS early conciliation until 20 June 2024 and did not present his claim until 24 July 2024, well outside the three-month time limit.
Decision
The tribunal dismissed the unfair dismissal claim as being outside its jurisdiction under section 111 of the Employment Rights Act 1996. The judge found that despite the claimant's mental health difficulties, medical evidence from a consultant neuropsychologist showed he had no significant cognitive impairments and was capable of functioning. The claimant's own actions—appealing his dismissal, applying for benefits, and conducting his affairs—contradicted his claim that he was unable to present a timeous claim. Even if it had not been reasonably practicable to claim in time, the unexplained delay of over three weeks after receiving legal advice meant the claim was not presented within a reasonable period.
Practical note
Medical evidence of stress and anxiety alone is insufficient to establish that it was not reasonably practicable to present a claim in time; tribunals will consider all evidence including the claimant's actual conduct and cognitive functioning, and unexplained delays after receiving legal advice will defeat arguments that a claim was presented within a reasonable period.
Legal authorities cited
Statutes
Case details
- Case number
- 4106258/2024
- Decision date
- 7 May 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Security role on vessels
- Service
- 7 years
Claimant representation
- Represented
- Yes
- Rep type
- lay rep