Extension of Time for Submission of an Unfair Dismissal Claim

Under the Employment Tribunal rules, a Tribunal Judge has the ability to allow an unfair dismissal claim to be submitted and heard out of time, where the Judge believes it was not reasonably practicable for the Claimant to represent the claim within the normal three month time limit. By contrast in a discrimination claim the test is whether it is just and equitable to extend the three month time limit.

Under the Employment Tribunal rules, a Tribunal Judge has the ability to allow an unfair dismissal claim to be submitted and heard out of time, where the Judge believes it was not reasonably practicable for the Claimant to represent the claim within the normal three month time limit.  By contrast in a discrimination claim the test is whether it is just and equitable to extend the three month time limit.

This was the point considered in the case before the Employment Appeal Tribunal (“EAT”) of Norbert Dentressangle Logistics Limited v Graham Hutton. 

In this case Mr Hutton asserted that he did not have the mental capability to bring a claim in time, and that is why the extension of time should be granted.  In this case the EAT agreed with him and allowed the case to continue. 

The Employment Tribunal had heard evidence from Mr Hutton, and therefore heard his graphic description of his inability to function normally, and how he could not bring himself to submit the claim, hence the reason there had been a delay of further six weeks beyond the initial three month period to submit the Employment Tribunal application. 

When considering whether or not the claim was brought within a reasonable time after this original three month period, Mr Hutton argued that he had dealt with it as soon as he was able to.  The Tribunal found that they had no reason to doubt the Claimant’s credibility and therefore accepted the arguments. 

The EAT expressed reservations, but agreed with the Tribunal, as they had been the ones to have seen and assess the Claimant whilst giving evidence, and therefore the decision was allowed to stand.

This case is one in a line of cases that deal with whether or not there can be an extension of the three month time period to submit a claim, and the reasons when this can be extended.  However, each case turns on its own facts, and the reasons given for the delay by the individual concerned.  However, it can provide useful guidance as to what a Tribunal may or may not allow in the future.