Mr R Musasizi v University Hospitals Birmingham NHS Trust Foundation — 2022

Mr R Musasizi brought a claim of unfair dismissal arising from his summary dismissal by University Hospitals Birmingham NHS Trust Foundation. The tribunal found that his employment terminated on 7 May 2021, when he was told at the disciplinary hearing that he had been dismissed with immediate effect, and the later written confirmation did not change that effective date.

Applying section 111 of the Employment Rights Act 1996, the tribunal held that the claim was outside the three-month time limit even allowing for early conciliation. It found that early conciliation should have started by 6 August 2021, but it did not begin until 12 October 2021, and the claim was presented on 19 October 2021. The tribunal treated the claim as about 10 weeks and 3 days out of time.

The claimant said it had not been reasonably practicable to present the claim in time because he was pursuing an internal appeal, did not know the tribunal time limits, and only obtained legal advice after the appeal outcome. The tribunal accepted that he did not actually know the time limit, but held that this was not reasonable in the circumstances. It found that he had already researched and drafted his appeal using legal terminology, knew he could enforce his rights, and could have investigated how to bring an employment tribunal claim and the applicable time limits.

The tribunal rejected the suggestion that the respondent had deliberately delayed the appeal process or misled him so as to prevent a claim being brought in time. It also said that any delay in providing the transcript for the appeal was unfortunate but not deliberate, and that the respondent was under no duty to advise him how to bring tribunal proceedings. Because the tribunal found it was reasonably practicable to present the claim in time, it did not need to decide whether any further period after the limit was reasonable, and the unfair dismissal claim was dismissed.