Unfair dismissal claim presented out of time and time not extended as the claimant’s medical evidence did not specifically show a consistent state in which she could not present the claim.

The claimant had been placed with the respondent by an agency (the agency were a notice party to the proceedings). She had been in that role from May 2018 until the beginning of May 2022. The claimant was told that her services were no longer required and that the agency had been informed of this. The claimant states that she was extremely agitated and stressed following this and it affected her ability to sleep.

The claimant had ongoing personal injury/criminal injury claims in which she had instructed solicitors.  It was in or around 2024 that the claimant was informed by a friend that she could also speak to the solicitors about the termination of her employment.   The claim for unfair dismissal was not submitted until 13th March 2024 having gone through early conciliation with the LRA.

The respondent argued that the claim should not be able to continue due to it being presented well outside of the 3 month time limit.  The Tribunal accepted that the claimant was prescribed medication in relation to issues with sleep and that there had been medical appointments relating to respiratory problems and eye problems. However, it was one where the medical evidence shows an up and down for the claimant rather than there being consistent incapacity from the date of dismissal to the three month period (which would be August 2022).  Additionally, that lack of consistency is also visible throughout that period from August 2022 until the claim was presented in 2024.  The Tribunal also took into account the fact that the claimant had access to smart phone, laptop etc and could be able to research her rights.  On top of that, she had also instructed solicitors for other claims and that she could have sought their advice at an earlier point.  Bearing in mind these factors, it was held that the claim was not presented on time and the Tribunal was not satisfied with the evidence presented in trying to show that it was not reasonably practicable for the claim to be presented within time.  As a result, the claim was dismissed.

Another time limits case and one in which the focus points are clear from the Tribunal.  The Tribunal will consider the medical evidence in detail rather than the general view that may be given in evidence, they will also consider the extent to which the claimant could have researched their own rights as well as their access to outside support.  Bearing in mind these factors, they pointed towards the fact that it was reasonably practicable for the claimant to have submitted in time and as a result the claim was dismissed.

NI Tribunal decisions are available on the OITFET website.