Case 1303479/2025 · Employment Tribunal
MR MARK CLARK v Virgin Media Limited — 2026
- Case reference
- 1303479/2025
- Decision date
- 2 September 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge N. Clarke JUDGMENT
Parties
2 namedClaimant
MR MARK CLARK
Respondent
Key findings
Tribunal's reasoningEmployment Judge N. Clarke refused Mark Clark’s application for reconsideration of the decision of 30 July 2026 in his case against Virgin Media Ltd. The application was made in time. It challenged the conclusion that it had been reasonably practicable for Clark to present his claims within time, rather than alleging a legal flaw in the decision. The tribunal found no reasonable prospect of the judgment being varied or revoked under Rule 70(2).
The tribunal had already accepted that Clark believed his second ACAS Early Conciliation process was effective in relation to his dismissal. Evidence about his inclusion of unfair dismissal in that notification therefore did not affect the decision. The Google search produced for reconsideration gave no definitive answer to his circumstances, but indicated that a fresh notification would be appropriate in some circumstances and inappropriate in others. The judge found that this should have prompted further research or advice. The possible internet search was only one part of the original reasoning, which also took account of Clark’s union assistance and legal advice through the union at the relevant time.
Clark also relied on an ACAS email of 17 June 2025 stating that he had at least one month from the certificate date to lodge a claim. The tribunal found that this supported his already accepted mistaken belief that the second conciliation process extended time, but did not assist on what he ought to have known. The email also placed responsibility on him to submit in time and linked to help and legal advice. His explanation for waiting until 10 July 2025 to present the claim fell within the same mistaken belief and had already been addressed. No monetary remedy was recorded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The tribunal refused the claimant’s application for reconsideration under Rule 70(2). This judgment does not separately adjudicate the underlying claims. Unfair dismissal is mentioned in connection with the second ACAS Early Conciliation notification. | Other | — | — |
Legal tests applied
2 references- Rule 70(2): no reasonable prospect of the judgment being varied or revoked
- Whether it was reasonably practicable to present the claims in time
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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