The issue was whether the tribunal had jurisdiction to entertain the claimant’s claims of unfair dismissal, for notice pay, arrears of pay and holiday pay with regard to the time-limits for presenting her claim. After an injury at work the claimant attended with the respondent’s Consultant and subsequently a Solicitor. The claimant later did not consent to a further medical assessment taking place and did not consent to a report of the Consultant’s opinion being sent. 

She attended a disciplinary meeting with the respondent to discuss failure to comply with company policy and procedures and was dismissed from her employment. On receipt of this letter a few days after 8 November 2013, the claimant consulted her Solicitor in respect of her dismissal. After an unsuccessful appeal procedure the claimant asserted that she signed the claim form with a view to it being presented on 30th January 2014. The form was only lodged with the Office of the Industrial Tribunals on 10 February 2014.

In dealing with reasons for delay, the question of what is ‘reasonably practicable’ was confirmed as a question of fact for the tribunal to decide. In the absence of any explanation as to the reasons for delay it was held that it was reasonably feasible for the claimant to present the claim within the relevant period. The tribunal stressed the fact that Solicitors as skilled legal advisers are generally assumed to know time-limits and be aware of the necessity of presenting claims in time. The tribunal relied on the case of Dedman v British Building and Engineering Appliances Ltd [1974] ICR 53 CA in making this point and any redress the claimant would have should be against her legal advisers. The tribunal held that it had no jurisdiction to entertain the claimant’s claims.


Practical lessons from this decision

For Solicitors, this decision highlights the key responsibility to submit tribunal forms on time but also indicates that claimants will not be able to rely on a Solicitor’s negligence in order to persuade the tribunal to permit a late application. The tribunal clearly indicated that any remedy a claimant may have in relation to grievances with late submissions should be brought against their Solicitor. A high standard is expected from legal advisers and whilst a claimant may fail in front of a tribunal, they may well have other avenues in the form of a professional negligence action.