Extension of Time - Unfair Dismissal

Thanks to Lisa Joyce of DTM Legal LLP for preparing this case summary

If a Claimant asserts that he did not have mental capability to bring a claim in time, does a tribunal have jurisdiction to hear a claim brought as soon as the Claimant was able to, if it was brought outside of the time limit?

Yes, on the facts of this case, according to Norbert Dentressangle Logistics Limited v Mr Graham Hutton.

The Employment Judge concluded that it was not reasonably practicable for the Claimant to have presented the claim within the three month time limit. This was on the basis that the Claimant remained unwell and he was having significant difficulty as he explained it. The Employment Judge relied upon the Claimant's graphic description of his inability to function normally.

The Employment Judge then turned separately to look at the second question, that of whether the claim was brought within a reasonable time thereafter. It was the Claimant's position that he dealt with the claim as soon as he felt able. The Employment Judge had no reason to doubt the Claimant's credibility and accepted this.

The EAT concluded that it was reasonable for the Claimant to delay beyond the initial period, on the basis that it accepted this evidence.