The Claimant brought, out of time, claims of unfair dismissal, discrimination on the grounds of disability, and discrimination on the grounds of religion or belief. The reason for the delay, she said, was that she was awaiting the outcome of her internal appeal even after being told of the relevant time limits. The ET held that it was not just and equitable to extend time - the claimant had consciously taken the risk of not commencing proceedings, in the knowledge that time would expire. The Claimant appealed on the grounds that ill health had prevented her from complying and the ET had failed to conclude that the Claimant was "reasonably ignorant" of the relevant time limit.

The EAT dismissed the appeal. First, the Claimant relied only upon the fact that she was awaiting the outcome of her grievance and not on her ill health to explain her inability to comply. The Tribunal's conclusions could not be said to be perverse and there was clearly evidence to support them. Second, there were express findings that the Claimant was aware of the "relevant time limits", that this was "three months less a day" and that she had been made aware of this some 4 weeks before the time limit expired.