Ms H A Bediako v Smith and Massen Ltd T/a The Orchard: 6006645/2025
JUDGMENT
[1]The name of the Respondent is changed so it reads as above[2]The claim (unfair dismissal) is struck out as it was presented out of time.REASONS
[1]The primary time limit in which to present a claim for unfair dismissal arising under Section 94 Employment Rights Act 1996 is set out in Section 111 Employment Rights Act 1996. Ordinarily, that would be “before the end of the period of three months beginning with the effective date of termination” (Section 111(2)(a) ERA 1996).[2]Alternatively, the claim must be presented to the Tribunal “within such further period as the tribunal considers reasonable in a case where it is satisfied that it was not reasonably practicable for the complaint to be presented before the end of that period of three months” (Section 111(2)(b) ERA 1996).[3]Section 111(2A) qualifies that the time limit referred to above, is subject to any extensions of time afforded by Section 207B ERA 1996 (i.e. allowing for any period of ACAS Early Conciliation). However in order for time to be extended by ACAS EC, the application to ACAS must be made within the first three month period.[4]The Claimant was dismissed on 4/10/24. She applied to ACAS for EC on 8/1/25 (already out of time) and the certificate was issued on 27/1/25. The last day within the primary limitation period for her to present her claim was 3/1/25. She presented her ET1 on 26/2/25, about 53 days late.[5]She served a witness statement for purposes of the time issue and was cross-examined on it today. I was referred to documents in a bundle of 80 pages.[6]The Claimant lodged an appeal against her dismissal on 11/10/24 which was ultimately 6006645 2025 dismissed on 6/11/24. The appeal letter sets out all the Claimant’s complaints about the claimed unfairness of the dismissal and shows that the Claimant would have been quite capable of formulating her claim promptly after dismissal. However, nothing seems to have been done by her to present her claim until after the whole time period of three months had expired.[7]The Claimant’s 86 year-old father-in-law died on 7/11/24 (a date she could not remember correctly at first when I asked her about it today) and she and her husband travelled to and from and stayed in Ghana between 15/12/24 and 7/1/25 to support the family and attend the funeral.[8]The Claimant stated that she had all the information she needed on her phone and access to the internet in Ghana, so I find that even there it would have been possible for her to submit her claim online.[9]The Claimant also stated that she had a colleague whom she belatedly asked for help with the matter after her return to the UK. That colleague could have been asked to help in November and December if the Claimant needed any help.[10]While sympathy is due to the Claimant and her husband for their bereavement, and I accept that a certain amount of additional work, upset, preparation and distraction would have been caused by it, and by the visit to Accra, I do not regard this as an adequate explanation or excuse for the delay.[11]The Claimant has not satisfied me that it was not reasonably practicable to claim in time so the claim is outside the jurisdiction of the Tribunal and must be struck out. J S Burns