JURISDICTIONAL POINTS – Extension of time: reasonably practicable
The Claimant presented his claims for unfair dismissal and breach of contract out of time. He was of limited means and did not have good literacy skills. At the date of expiry of the time limits for presentation of the claims the fees regime was still in place and he would have had to pay pounds 250 to lodge his claim. The Employment Judge found as a fact that he had consulted and instructed a lawyer at the CAB and was told about the limitation period and, albeit wrongly, that it had expired. The Claimant delayed from early August 2017 when he learned about the abolition of the fees regime to 9 September 2017 to present his claim. The Employment Judge found that there was no evidence before her that the Claimant did not have funds to present a claim. She found that the Claimant had access to advice, could reasonably be expected to be aware of time limits and on the basis of his written statement that he was saving up to pay for other matters connected to his claims he had not established that it was not reasonably practicable to present his claim in time. Further the Employment Judge held that in any event the further delay from the expiry of the limitation period to 9 September 2017 was not reasonable. Whilst in some cases before the decision of the Supreme Court in R (on the application of Unison) v Lord Chancellor [2017] IRLR 911 the requirement to pay a lodgement fee of pounds 250 may render it not reasonably practicable to lodge claims for unfair dismissal in time, each case is to be judged on its own facts. The Employment Judge on the facts before her did not err in deciding that the Claimant had not established that it was not reasonably practicable to lodge the claims in time.
Citations:
[2019] UKEAT 0193 – 18 – 1704
Links:
Jurisdiction:
England and Wales
Employment
Updated: 10 July 2022; Ref: scu.637649