Unfair dismissal claim by top consultant struck out for being 24 hours late

Friday 08 January 2016

A Consultant Clinical Psychologist has lost a claim for unfair dismissal against the States after he missed the eight-week deadline by just 24 hours.

After Dr Pat Gwyer resigned his post with the Health and Social Services department in May, he filed a “constructive dismissal” claim against the States of Jersey, demanding three months’ salary in compensation.

But the psychologist had been advised by his lawyers that the deadline for the submission of his claim was 22 July, and the paperwork was signed and delivered at around midday on that date.

In fact, the deadline under the Employment Law was midnight the night before.

That meant that the paperwork – including a six-page account of the reasons for his departure and 70 pages of supporting documents – could not be accepted automatically, and the Employment Tribunal had to rule on whether to allow it.

The Jersey Employment Tribunal considered whether to allow the claim anyway, hearing submission from Advocates working for Dr Gwyer and for the States.

They concluded that it had been “reasonably practicable” for the paperwork to have been filed on time, and struck out the unfair dismissal claim.