Claimant v MPK Garages Limited
Outcome
Individual claims
Tribunal determined it had jurisdiction over the claim as it was not reasonably practicable for the claimant to present the claim within the primary time limit and the claim was presented within a reasonable time thereafter (by 30 June 2021).
Tribunal found it just and equitable to extend time for the disability discrimination claims (including dismissal on 18 December 2020) to 22 August 2021, granting jurisdiction. The substantive merits were not determined at this preliminary hearing.
Tribunal extended time on just and equitable grounds to 22 August 2021 for discrimination claims not part of a continuing act linked to dismissal. Respondent conceded claimant is disabled by dyslexia but disputes knowledge of disability and its effects.
Facts
Mr Polley, who has dyslexia, was dismissed by MPK Garages Limited on 18 December 2020. He filed his claim on 22 August 2021, significantly after the primary three-month time limit expired on 17 March 2021. The preliminary hearing addressed whether the tribunal had jurisdiction to hear his claims of automatic unfair dismissal and disability discrimination given the delay in filing.
Decision
The tribunal found it had jurisdiction over all claims. For automatic unfair dismissal, it was not reasonably practicable to file in time and the claim was filed within a reasonable period. For disability discrimination claims, time was extended on just and equitable grounds to 22 August 2021. The respondent conceded the claimant is disabled due to dyslexia.
Practical note
Tribunals will consider extending time limits for both unfair dismissal (reasonably practicable test) and discrimination claims (just and equitable test) where claimants can show good reasons for delay, particularly where disability may have affected their ability to file on time.
Legal authorities cited
Statutes
Case details
- Case number
- 3314702/2021
- Decision date
- 23 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No