Industrial Tribunals Northern Ireland Decisions

THE INDUSTRIAL TRIBUNALS

 

CASE REF: 2030/15

 

 

 

CLAIMANT: Ashley Ross

 

 

RESPONDENTS: 1. Mr Mohammed

2. Paula Kelly

3. Lurgan Tan Ltd

 

 

 

DECISION

The claimant's claim was lodged outside the statutory three month time limit and it would not be appropriate to extend the time limit in this case. The claimant's claim of unfair dismissal is therefore dismissed.

 

 

Constitution of Tribunal:

 

Employment Judge (sitting alone): Employment Judge McCaffrey

 

Appearances:

 

The claimant appeared in person.

 

The respondents had not entered a timely response and were debarred from defending these proceedings.

 

 

 

1. The claimant arrived at 10.30 am for a hearing which had been arranged for 10.00 am. Her solicitor was still on record for her, but was no longer acting for her, according to the claimant.

 

2. I pointed out to the claimant at the outset that, although she had been dismissed on 18 November 2014, her claim form had not been lodged in the Office of the Industrial Tribunals until 20 August 2015 and was therefore outside the three month time limit for lodging the claim. I asked her to explain why the claim had been lodged late, as the tribunal must consider whether or not it was "reasonably practicable" for her to have lodged her claim in time.

 

3. The claimant advised that she had been on anti-depressants before her dismissal and her dosage of anti-depressants had been increased after her dismissal. She also indicated that she had been negotiating with the Social Security Agency in relation to benefits and had had some difficulties with her landlord. She had therefore put the issue of her dismissal "at the back of her mind" and had not pursued it until she went to see a solicitor in July 2015.

 

4. I note that the claim form signed by the claimant is dated 30 July 2015. The covering letter from her solicitors sending that form to the Office of the Industrial Tribunals was dated 12 August 2015 but the form and letter were not received in the Office of the Industrial Tribunals until 20 August 2015. The solicitor has both a fax number and an email address on his notepaper, but the claim form was sent by post.

 

5. The claimant also advised me that she had spoken to her solicitor who had advised her that there was a three month time limit for bringing the claim, but that it was "open" for the tribunal to extend the time.

 

6. In light of the fact that the claimant was in a position to negotiate with the Social Security Agency in relation to her benefits and to negotiate with her landlord as well, it is my view that it was reasonably practicable for her to consider lodging a tribunal claim within the three month time limit. Given that the claimant had been made aware by her solicitor of the three month time limit, it would have been reasonable in my view for her to have come to the tribunal with any paperwork (which she said she had) in relation to her illness, but she failed to do this.

 

7. Even if I were satisfied that it was not reasonably practicable for her to lodge her claim within the three month time limit, I would then have to consider whether the claimant had acted promptly once she knew of all the circumstances given rise to a claim. She did not seek any advice in relation to the matter until late July 2015, some nine months after her dismissal. When she did seek advice, the claim which was completed on her behalf on 30 July was not lodged in the Office of the Industrial Tribunals until 20 August 2015. It is not clear why there was this delay, but in my view the claimant and/or her solicitor did not act promptly in lodging the claim. For all these reasons I do not consider that this is appropriate to extend the time limit in this matter and accordingly the claimant's claim of unfair dismissal is dismissed.

 

 

 

 

Employment Judge:

 

 

Date and place of hearing: 06 May 2016, Belfast.

 

 

Date decision recorded in register and issued to parties: