Claimant v Blueprints Housing Action Rochdale
Outcome
Individual claims
The tribunal found it was reasonably practicable for the claimant to bring his unfair dismissal claim in time. Despite the claimant suffering a stroke on the date of dismissal, he was able to engage with the ACAS early conciliation process between March and April 2024 with help from his trade union representative. The tribunal concluded that a similar level of effort would have been required to submit the brief ET1 form by the April 2024 deadline. The claim was therefore dismissed as out of time.
Facts
The claimant was employed by a housing charity from August 2016 until dismissed on 19 December 2023, the same day he suffered a stroke. He engaged ACAS early conciliation in March-April 2024 with help from his trade union representative. The primary time limit for his unfair dismissal claim expired on 29 April 2024, but he did not file his ET1 until 7 October 2024, over five months late. The claimant argued his stroke and subsequent health issues (hospitalization until February 2024, bed-bound until May 2024, vision problems, cognitive issues/brain fog) prevented timely filing.
Decision
The tribunal dismissed the claim as out of time, finding it was reasonably practicable for the claimant to have brought his claim by the deadline. The judge noted that the claimant was able to engage with the ACAS process in March-April 2024 with union help when his condition was worse than in October, the ET1 was very brief requiring minimal information, and the claimant provided no medical evidence and vague testimony about how his symptoms specifically prevented him from instructing his union representative to file the claim.
Practical note
Illness alone is insufficient to extend time limits for unfair dismissal claims without medical evidence and clear explanation of how symptoms specifically prevented filing, particularly where the claimant demonstrated ability to engage with related processes during the limitation period.
Legal authorities cited
Statutes
Case details
- Case number
- 6014245/2024
- Decision date
- 21 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- barrister
Employment details
- Service
- 7 years
Claimant representation
- Represented
- No