Claimant v John Miller Limited
Outcome
Individual claims
The tribunal dismissed the claim for lack of jurisdiction as it was lodged out of time. The tribunal found it was reasonably practicable for the claim to have been presented in time as the claimant was aware by 22 October 2024 (five days before the deadline) that he had no confirmation of submission and could have resubmitted but did not do so until 18 days later. Even if it had not been reasonably practicable, the further delay of 18 days was not considered reasonable.
Facts
The claimant was dismissed on 10 June 2024 and contacted ACAS on 22 August 2024, receiving his EC certificate on 27 September 2024. The claimant claimed he submitted his ET1 online on 10 October 2024 but the tribunal did not receive it. He discovered on 22 October that his email account had been hacked and he had not received confirmation. He did not resubmit until 10 November 2024, 14 days after the extended deadline of 27 October 2024.
Decision
The tribunal dismissed the claim for lack of jurisdiction as it was lodged out of time. The tribunal found it was reasonably practicable for the claim to have been lodged in time because the claimant was aware by 22 October (five days before the deadline) that he had no confirmation and could have resubmitted. The tribunal also found that the further 18-day delay was not reasonable.
Practical note
Claimants submitting online ET1 forms must ensure they receive confirmation and take immediate action to resubmit if no confirmation is received, especially when still within the time limit.
Legal authorities cited
Statutes
Case details
- Case number
- 8001860/2024
- Decision date
- 19 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No