Tag

#reasonable-practicability

10 cases tagged Reasonable Practicability.

Partial win · Sept 2023

Whistleblowing detriment claims partially struck out for being out of time

A former employee's whistleblowing detriment claims against BAE Systems have been partially struck out as out of time, but her constructive dismissal and some other claims can proceed.

whistleblowingpublic-interest-disclosuretime-limits
Partial win · Jul 2023

Caretaker's unfair dismissal claim struck out as time-barred, but discrimination claim allowed

A caretaker with 9 years' service had his unfair dismissal claim struck out for being six weeks late, but his disability discrimination claim was allowed to proceed. No compensation awarded.

time-bardisability-discriminationunfair-dismissal
Claimant won · Apr 2023

Illiterate labourer with 26 years' service allowed to bring late unfair dismissal claim

A severely dyslexic labourer who could not read or write was granted an extension to bring an unfair dismissal claim against Balfour Beatty, after the tribunal found it was not reasonably practicable for him to meet the deadline.

dyslexiailliteracyacas-advice
Claim dismissed · Mar 2023

Field engineer deceived by adviser: out-of-time unfair dismissal claim allowed to proceed

A field engineer who was tricked by a fraudulent adviser into believing his claim had been submitted in time has been granted an extension by the tribunal, allowing his unfair dismissal case to go ahead.

deceit-by-adviserfraudulent-emailunion-referral
Claim dismissed · Mar 2023

Delaying an unfair dismissal claim to avoid 'rocking the boat': time limit not extended

A former Virgin Atlantic cabin crew member who delayed her unfair dismissal claim by six months to preserve her chance of re-employment from a redundancy holding pool has had her claim dismissed as out of time.

redundancyholding-pooltime-limit
Claim dismissed · Feb 2023

Constructive dismissal claim dismissed as out of time: the importance of acting promptly

A Quality Assurance Expert who resigned claiming constructive dismissal had her entire claim thrown out because she waited over three months to begin Early Conciliation. The tribunal found no excuse for the delay.

disability-discriminationconstructive-dismissaltime-limits
Claim dismissed · Nov 2022

Unfair dismissal claim dismissed as out of time despite internal appeal

A retail consultant's unfair dismissal claim was dismissed because he filed it one day late, even though he was waiting for his internal appeal outcome.

out-of-timeinternal-appeallegal-advice
Claim dismissed · Oct 2022

Citizens Advice misadvice: unfair dismissal claim thrown out as out of time

An NHS Statman and Induction Lead's unfair dismissal claim was dismissed because she started ACAS Early Conciliation after the three-month deadline, despite being wrongly told by Citizens Advice that pay in lieu of notice extended the time limit.

out-of-timeacas-early-conciliationcitizens-advice-misadvice
Claim dismissed · Aug 2022

Constructive dismissal claim dismissed as five days late: the importance of tribunal time limits

A telesales advisor who resigned after a flexible working request was refused had her unfair dismissal and discrimination claims thrown out because she submitted her claim five days past the deadline, despite knowing the time limit.

constructive-dismissaldisability-discriminationtime-limits
Claimant won · Jul 2022

Depression prevented employee from bringing claim in time: tribunal extends deadline

A grounds maintenance employee with 12 years' service was dismissed on capability grounds due to long-term ill health. The tribunal extended the time limits for his unfair dismissal and disability discrimination claims because his depression made it not reasonably practicable to present them on time.

long-term-sicknessdepressionspinal-arthritis