A former employee of a law firm, who alleges she was sacked because she was advised to self-isolate during lockdown, has had her claim dismissed by the employment tribunal because it was out of time.
The claimant, named in the judgment as S. O'Brien, argued that the reason for her dismissal from Holmes & Hills Solicitors LLP in March 2020 was that she had said she would stay away from the workplace because she had been advised to self-isolate.
She told the tribunal that she had had an ‘exceptionally difficult’ Covid-19 lockdown, which had left her ‘mostly exhausted and distracted’.
Under the Employment Rights Act 1996, a complaint must be filed within three months of dismissal. However, O'Brien did not present a claim until November – 21 weeks late. The tribunal was asked to consider whether it had not been reasonably practicable for the claimant to present her claim in time and, if so, that it was presented a reasonable time thereafter.
The claimant stated that she initially hoped that Holmes & Hills Solicitors would reconsider her dismissal but this did not transpire. She then tried to contact several solicitors and was told that as she had not been employed for at least two years there was no claim. She later found out she might have a claim under the health and safety regulations act.
In judgment, employment Judge Burgher said the claimant had ‘a number of very difficult personal circumstances’. However, he said the time limit is a 'statutory gateway' that must be complied with.
‘This is not a case where the claimant was incapable due to ill health to present her claim. She was able to contact ACAS and contact solicitors prior to the time limit expiry. Whilst she had a number of very difficult pressing personal issues, I conclude the claimant was reasonably capable of presenting a claim within the required time limit by the 30 June 2020.’
