Claims dismissed as they were presented out of time.

The claimant had been employed as a part-time youth worker for two years until his dismissal on 7th August 2023. Early conciliation had been sought but was unsuccessful.  The notification was received on 8th August with the certificate issued on 17th August.  This extended the time limit until 16th November 2023. The claimant did not lodge his claims until 30th November 2023.

Medical certificates were presented to the Tribunal by the claimant, but none covered the period between 7th August and 30th November. The claimant outlined that he was not familiar with employment law and that he was disadvantaged.  He also stated he believed he was progressing through the right channels by raising it through line management, the management committee and raising a grievance.  He stated this was the respondent’s policy before going to the Tribunal.  It was for the Tribunal to determine whether the claim could be allowed to continue.

The Tribunal had to determine whether it was not reasonably practicable for the claimant to present the claim within time. It also had to determine if the claimant then presented the claim within a reasonable time. The claimant had also brought discrimination claims and on that basis the Tribunal had to determine whether it was just and equitable to extend the time limit.

Through cross-examination the claimant accepted that he had received advice from multiple sources and that he had been in contact with the Labour Relations Agency. The claimant states that he was not advised of the time limitation in the discussions with the LRA. The Tribunal did not find that point to be credible. The claimant stated that the Equality Commission had said that as the issues were continuing that there was no issue with limitation. That, again, was not regarded as credible considering that the claimant knew he had been dismissed on 7th August 2023.

The Tribunal stated that it was probable that the claimant had some degree of ill-health at the index period, but the onus was on the claimant to establish that it had prevented him from lodging the claim.  That onus was not discharged.

The Tribunal decided that the claim of unfair dismissal could not continue as it was reasonably practicable for the claimant to have lodged the claim within time. Similarly, the discrimination claim could not continue as they held it was not just and equitable to extend the time limits.

Another case relating to time limits and demonstrating the importance of presenting claims within time. The Tribunal did not accept the point that the claimant had no knowledge of the limits but went further and stated that if he did not have that knowledge then he could have adequately researched those points. This was especially so as the claimant knew that the claim had crystallised on the date of dismissal rather than some illusion that the matters were continuing.

NI Tribunal decisions are available on the OITFET website.