Claimant v WSP UK Limited

Outcome

Facts

The claimant was dismissed on 18 October 2023 for alleged unauthorised absences. After dismissal, he fell into depression and was prescribed medication, adding to existing medical conditions from a prior accident causing considerable pain. He was unaware of his right to bring a tribunal claim until January 2024 when a friend who was an employment lawyer informally advised him during a social conversation. Despite being told of the time limits and urgency, he did not contact ACAS until 19 April 2024, after spending the intervening months trying to find affordable legal representation. He lodged his ET1 claim form on 27 May 2024, over four months after the normal time limit expired.

Decision

The tribunal dismissed the unfair dismissal 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 made no attempt to investigate his rights through readily available sources such as the internet, and his medical conditions did not prevent him from taking the necessary steps. Even after learning of his rights in January 2024, the claimant delayed a further three months with no adequate explanation, and the tribunal would not have extended time even if satisfied about the initial period.

Practical note

Legal authorities cited