Background:

The claimant was employed from March 2017 until he was dismissed on 25th June 2021.  The claimant did not lodge the ET1 until 10th May 2022.  It was initially in relation to unlawful deductions and unfair dismissal but by the time of his hearing the deductions matter had been resolved by a payment to the claimant.

The claimant stated that he did not know about the statutory time limit and that he had been off work on stress at the time of the dismissal and that had been continuing. There was no medical evidence to confirm the mental condition after the dismissal.  The issue for the Tribunal was whether to extend time to allow for the claim to proceed.

Outcome:

The Tribunal held that there was no practical impediment to the claimant being able to lodge the complaint of unfair dismissal.  The lack of any sustainable evidence from the claimant meant that that decision had to be made.  Furthermore, the time which then elapsed after the three month period was substantial with little reasoning being given for that.  Accordingly, time was not extended and the Tribunal determined that it had no jurisdiction to hear the complaints.

Practical Guidance for Employers:

Yet another case relating to time limits and in this situation the lack of any evidence, especially medical evidence post-employment, was detrimental to the application from the claimant to extend time.  The Tribunal noted that the failure of the claimant to seek professional assistance was inexplicable and that there was no basis upon which the application could succeed.

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