Did a tribunal err when deciding that it was not reasonably practicable for an ET1 to be presented in time where a mistake was made as to the date of dismissal?
No, held the EAT in Lowri Beck Services Ltd v Brophy.
The Claimant suffered from severe dyslexia and difficulties understanding information. He was dismissed on 29th June 2017. The tribunal held that he had reasonably relied upon his brother to commence proceedings. His brother had misunderstood the letter confirming dismissal. The tribunal accepted the brother's evidence that he genuinely believed that the dismissal only took place on 6th July.
The EAT held that this mistake was one of fact not law. The question was whether that belief was reasonable. The tribunal had held that it was. As a result the tribunal had been entitled to conclude that it had not been reasonably practicable for the claim to have been presented in time and the EAT held that there was no error of law.
Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.
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