Claimant v Mid and West Wales Fire and Rescue Service

Outcome

Facts

The claimant was a trainee firefighter dismissed on 29 June 2023 following a disciplinary investigation. He was supported throughout by his Fire Brigades Union representative, Mr Bartley. On 13 November 2023, the last day to submit his tribunal claim, the claimant completed an ET1 form but sent it to his union representative rather than submitting it to the tribunal. He believed his claim had been submitted and did not discover until May 2024 that no claim had been received. The claim was eventually submitted on 25 March 2024, over four months late.

Decision

The tribunal dismissed the claim for lack of jurisdiction, finding it was reasonably practicable for the claimant to have presented the claim in time as he had completed the form on the deadline date. The tribunal also found the claimant did not submit the claim within a further reasonable period, noting it was unreasonable to wait almost four months without seeking confirmation of submission. The judge refused a postponement application when the claimant failed to attend the hearing to give evidence.

Practical note

Legal authorities cited