Averns (on behalf of Averns deceased) v Stagecoach in Warwickshire - When considering delay and time limits, the reasonableness of a claimant's ignorance of their rights is a material factor [2008] EAT

Coach driver Mr Averns was dismissed following a period of sick leave due to cancer. Both Mr & Mrs Averns were aware of the three month time limit for bringing his intended claims of disability discrimination and unfair dismissal, but Mr Averns died before doing so and the deadline passed on 17 October 2006. Mrs Averns also faced other traumas around this time and it was not until early January 2007 that she learnt that she could pursue these claims herself. The claims were presented on 21 January 2007.