Claimant’s claim dismissed for being out of time – it was reasonably practicable for the claimant to submit the claim considering that he could access the internet and do his research.

The claimant was employed by the respondent from November 2019 until he terminated his employment by email with immediate effect on 22nd February 2024. The claimant alleged that there was an arrears of wages following this. This related to a period in December 2023 when the claimant was suspended on full pay pending disciplinary investigation but had actually got a not fit to work note from his GP. Therefore, he was moved onto sick pay rather than being on full pay. 
The issue arising for the Tribunal was whether they had jurisdiction to hear the claim due to time limits.

The claimant applied for early conciliation on 20th May 2024 and following the respondents stating they were not interested in conciliation a certificate was issued on 17th June 2024.  This meant that the claimant had until 17th July 2024 to present his claim.  His claim was not presented until 30th July 2024.  Some 13 days out of time.  It was clear from the material that the claimant did not access the hyperlink related to the early conciliation certificate until 26th July 2024.

The claimant had been sick and not in his new job in July 2024.  He did not seek advice from solicitors and did not go to Citizen’s Advice citing that the office had closed in his town.  The Tribunal found that he was familiar however with searching the internet to get advice and doing research. The Tribunal considering the arguments found that there was no reasonable explanation given by the claimant for failing to access the documents in time and being able to submit his claim in time. It was therefore reasonably practicable for the claimant to have presented his claim on time. The claimant may have been unwell around the time but the note from the GP outlines on 29th July 2024 he had been unwell for about 10 days.  Accordingly, the period of illness would have been after the deadline had passed.  Therefore, the claim was dismissed.

This case provides another example of how the Tribunal determines whether it was reasonably practicable for the claimant to submit a claim on time.  There were some issues of ill health but not covering the whole period and looking at what the claimant could do along that period the Tribunal found that he ought to have submitted his claim on time.  The fact it was out of time meant the claim was dismissed.

NI Tribunal decisions are available on the OITFET website.