Claim dismissed for failure to adhere to the time limits for the submission of a claim form.  The claimant became aware of the need to submit within the time frame when she sought advice from the Equality Commission.

The claimant was employed by the respondent from April 2023 until the employment was terminated by the respondent in June 2023. The claimant does not speak English and is profoundly deaf. The claimant’s first language is British Sign Language – it is for this reason the claim form did not set out and particularise the claims of disability discrimination. The claims largely related to the failure to provide an interpreter at meetings during the period of employment and leading to the termination.

Following the dismissal, the claimant was advised by her family to seek advice from the Equality Commission. This led to a meeting in October 2023 where she was informed that she would need to lodge the claim form herself and that she was outside of the statutory time limits at that point.  There were two subsequent claim forms lodged by the claimant.  One on 21st March 2024 and another on 10th June 2024. These were lodged out of time and the claimant sought time to be extended.

The Tribunal accepted that there could have been difficulties with the form which could have led to difficulties to submit within time.  However, when the claimant sought advice from the Equality Commission it was found that she was then aware of the obligations and time limits when submitting a claim form. The claimant was informed in October 2023 by the Equality Commission of the time limits and she was reminded of this in January 2024 through an email exchange.  As a result, it was found that the claimant did not act promptly once made aware of the time frames.  The claimant argued that her head was not in the right place as a result of stress and a bereavement.  However, the Tribunal found that it did not explain why she was unable to lodge the form before the cited incidences such as the bereavement. As a result, there was no reasonable explanation for the delay between November 2023 and March 2024.  Therefore, the claims were dismissed.

The Tribunal was mindful of the circumstances faced by the claimant and that her first language was British Sign Language. This could have allowed for some discretion when it came to the time limits and being able to submit the form.  However, when the claimant had sought advice from the Equality Commission and she was informed of the fact that she needed to submit the form and there were time limits when it meant that there was no reasonable explanation for the delay.

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