The Claimant worked for the Respondent, until his employment came to an end in circumstances of alleged gross misconduct. The Claimant was not given pay in lieu of notice (which was the subject of his claim in contract), and he asserted that his dismissal was unfair. He delayed presenting his claims, when he became aware of the abolition of the fees regime, but the ET ruled that he had failed to establish that it was not reasonably practicable for him to present his claims in time. The Claimant appealed.

The EAT held that the ET did not err in concluding that the Claimant had access to advice, had sufficient funds to pay the fee to lodge his claims, and could reasonably have been expected to have been aware of the time limits for presenting his claims.