Claimant v University Hospitals Plymouth NHS Trust
Outcome
Individual claims
Claim struck out under rule 38(1)(a) for having no reasonable prospect of success. The claim was presented three days outside the statutory time limit. The tribunal found the claimant had not established that it was not reasonably practicable to present the claim on time. The claimant mistakenly thought the deadline was 7 April when it was actually 4 April, but had no specific reason why the claim could not have been lodged during the three-month limitation period.
Holiday pay claim struck out for same reasons as unfair dismissal claim - presented outside the statutory time limit with no reasonable justification. Claimant failed to establish it was not reasonably practicable to present within time.
Facts
The claimant's employment with an NHS Trust ended on 11 November 2023. She contacted ACAS on 10 February 2024 and received an early conciliation certificate on 4 March 2024. The claim should have been filed by 4 April 2024 but was actually filed on 7 April 2024. The claimant experienced IT difficulties when submitting online and mistakenly believed the deadline was 7 April. She had previously received union advice but was self-represented at time of submission. The respondent applied to strike out the claims as being out of time.
Decision
The tribunal struck out both the unfair dismissal and unlawful deduction of wages claims under rule 38(1)(a) for having no reasonable prospect of success. The judge found the claimant had not established it was not reasonably practicable to present the claim within the three-month time limit. While sympathetic to the claimant's difficulties, the tribunal found no specific reason why the claim could not have been lodged on time, only that the claimant mistakenly thought the deadline was later than it actually was.
Practical note
A claimant's mistaken belief about the limitation deadline, even combined with IT difficulties on the intended filing date, will not satisfy the 'not reasonably practicable' test if they had the full three-month period to file and no specific impediment prevented earlier filing.
Legal authorities cited
Statutes
Case details
- Case number
- 6001548/2024
- Decision date
- 2 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No