Claimant v Royal National Lifeboat Institution

Outcome

Facts

The claimant was a Coxswain at Aldeburgh Lifeboat Station who could not return to his role following spinal surgery in 2021. He was dismissed on grounds of ill-health capability on 27 February 2023 with notice effective from 3 March 2023. The claimant opted for pay in lieu of notice, which would cover the period to 2 June 2023. There was confusion caused by contradictory correspondence about whether his last day was 3 March or 2 June. The claimant genuinely believed time limits ran from 2 June, contacted ACAS on 25 June 2023, and filed his tribunal claim on 2 September 2023.

Decision

The tribunal found it had jurisdiction to hear both the unfair dismissal and disability discrimination claims despite them being presented out of time. For unfair dismissal, the tribunal accepted it was not reasonably practicable for the claimant to present his claim in time because he genuinely but mistakenly believed the effective date was 2 June rather than 3 March, and the claim was presented within a further reasonable period. For disability discrimination, the tribunal found it just and equitable to extend time on the same basis.

Practical note

Legal authorities cited