Michelle McCord

Carrickfergus and Larne Child Contact Centre Ltd

Claims dismissed due to failure to adhere to time limits when the claimant relied upon solicitor advice and that is not sufficient to discharge the burden that it was not reasonably practicable to submit within the actual time limit.

The claimant was employed between July 2012 and July 2023 when she was dismissed by the respondent. An application for early conciliation was received in September 2023 with the certificate being issued to the claimant in October 2023 and the ET1 form being lodged with the Tribunal on 23rd November 2023. This was more than a month after the three month time limit had passed and the respondent sought to have the claims dismissed for want of jurisdiction.

The Tribunal outlined that it was for the claimant to establish that it was not reasonably practicable for her to claim to be presented before the end of the three month period or before the end of such further period as the Tribunal considers reasonable. The claimant submitted that the reason for the delay was due to the failing of a junior solicitor and that the mistake was a ‘reasonable’ one considering the complexity of the legislation especially with the introduction of early conciliation. The argument being that as the mistake was reasonable the claimant could rely upon it and act reasonably in taking the advice at face value. The claim was then lodged within a reasonable time thereafter.

The respondent argued that the claimant had engaged a reputable and professional firm of solicitors and therefore the Dedman principle applies stating that a claimant cannot claim reasonable ignorance of the time limit when they have consulted a skilled adviser even where said skilled adviser has incorrectly advised. They further argued that it was, in fact, reasonable practicable for the claimant to lodge the claim form on time and the failure was either her fault or her solicitor. 

The Tribunal found that the claimant’s reliance was upon the advice from the solicitor and the contention that the failure on the part of the solicitor was why the claim was lodged out of time.  On this point, the authorities are settled and the claimant had failed to discharge the burden of showing that it was not reasonably practicable to lodge the claim within the primary time limit.

An important case relating to the settled authorities that reliance upon incorrect advice does not constitute grounds for time to be extended in the Industrial Tribunal.  Legal advisors should make this a key aspect of their practice to ensure that deadlines and time limits are adhered to as the authorities do not provide any real latitude for the Tribunal to extend time where that is the reason for the delay.

NI Tribunal decisions are available on the OITFET website:
https://www.employmenttribunalsni.co.uk/