Time limits: dyslexia

Lowri Beck Services Limited v Brophy

The Court of Appeal in Lowri Beck Services Limited v Brophy agreed with the Tribunal that where a Claimant was severely dyslexic the normal time limit should be extended to bring claims against his previous employer for disability discrimination and wrongful/unfair dismissal. In the case the employee was told orally on the telephone that he was dismissed for gross misconduct however a later letter to confirm the decision was ambiguous, suggesting that the letter constituted the termination rather than confirmation of the decision, which had already been communicated to him. This led to a further misunderstanding on behalf of the Claimant about the date of his dismissal, meaning he submitted the claim after the expiry of the normal time limit.

Comment

Tribunals will often try to extend time limits where they consider it just and equitable to do so or where ambiguity or a medical condition has made it not reasonably practical to submit a claim in time. The case is a good reminder to employers to be clear regarding the date of termination and a reminder that where employees have learning difficulties, it is unwise to rely on the time limit as it can often be extended on the facts of any individual case.