Claimant v British Airways Plc
Outcome
Individual claims
Claim presented outside the primary three-month time limit (expired 5 January 2023, filed 22 September 2023). Claimant provided no evidence explaining why it was not reasonably practicable to present the claim within time. Claimant had union assistance during internal process and ought to have known about limitation periods. Tribunal found it was reasonably practicable to comply with the time limit.
Unpaid holiday pay claim relating to entitlement that crystallised on 6 October 2022. Claim presented 22 September 2023, outside the primary three-month time limit. No evidence provided to show it was not reasonably practicable to present within time. Claimant failed to comply with tribunal orders to explain delay and has not actively pursued the claim.
Facts
Claimant employed by British Airways from May 1995 to October 2022. Following dismissal on 6 October 2022, claimant pursued two internal appeals (January and September 2023) with union representation. Claimant commenced ACAS EC on 20 August 2023 and filed ET claim on 22 September 2023, 11 months after dismissal. Claimant failed to attend preliminary hearing on time limits, requesting postponement on morning of hearing due to family caring responsibilities. Claimant had also failed to comply with previous tribunal orders to provide evidence explaining the delay in filing his claim.
Decision
Tribunal dismissed both unfair dismissal and unauthorised deduction from wages claims as presented outside the three-month primary time limit (expired 5 January 2023). Tribunal found it was reasonably practicable for claimant to have presented his claim within time, particularly given he had union representation throughout the internal process. Claimant provided no evidence to explain the substantial delay and had failed to comply with tribunal orders. Claims would alternatively have been struck out for failure to comply with orders and failure to actively pursue.
Practical note
Even with union representation during internal appeals, claimants must file tribunal claims within the three-month time limit; continuing with internal procedures beyond that point does not excuse late filing, and ACAS EC commenced after the deadline provides no extension.
Legal authorities cited
Statutes
Case details
- Case number
- 3311125/2023
- Decision date
- 29 May 2024
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Service
- 27 years
Claimant representation
- Represented
- No