Claimant v Haier Smart Home UK & I Limited
Outcome
Individual claims
This is a reconsideration application following dismissal on time limit grounds. The tribunal refused both the initial reconsideration and this further reconsideration. The original claim was dismissed because it was submitted 19 days out of time and the tribunal was not satisfied the claimant had reasonable excuse for the delay, as he was physically capable of pursuing the claim from late May 2024 but had until 30 June 2024 to contact ACAS.
Facts
The claimant submitted an employment tribunal claim 19 days out of time. He had undergone an operation on 26 April 2024 and argued health issues prevented him pursuing the claim. He also waited for a response to a letter he sent to his former employer. The original judgment dismissed the claim on time limit grounds. The claimant applied for reconsideration twice, raising issues including dyslexia, having only one eye, and the judge's conduct during the hearing.
Decision
The tribunal refused the further reconsideration application. The judge found no new evidence meeting the Ladd v Marshall test - the claimant's health conditions could have been raised earlier and there was no indication they prevented him pursuing his claim. The tribunal concluded the claimant was physically able to pursue his claim from late May 2024 and had until 30 June 2024 to contact ACAS. The decision to wait for an employer's response did not justify the delay.
Practical note
Time limit reconsideration applications must satisfy strict tests for new evidence and tribunals will not revisit findings simply because a party disagrees; claimants cannot excuse time limit failures by waiting for employer responses when they had sufficient time to pursue claims even after accounting for health issues.
Legal authorities cited
Case details
- Case number
- 1600327/2025
- Decision date
- 17 April 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- Yes
Claimant representation
- Represented
- No