Mr N McDermott v Saint-Gobain Building Distribution trading as Jewson Ltd — 2022

This was a preliminary hearing on whether Mr McDermott’s unfair dismissal claim was in time. The tribunal found that the effective date of termination was 27 February 2020, so the normal three-month deadline expired on 26 May 2020. Early Conciliation ran from 23 April 2020 to 23 May 2020, which extended the limitation period to 25 June 2020. The claim form was not received until 2 July 2020, so it was out of time.

The tribunal then considered whether it was not reasonably practicable to present the claim in time under section 111(2)(b) ERA 1996. It accepted that the claimant had been advised by the Citizens Advice Bureau and the Job Centre about time limits, and that he had also contacted ACAS. Although he said he lacked personal computer access, the tribunal found he had support and access to a computer via his step-father and did not take proactive steps to check the deadline despite knowing a time limit existed.

The tribunal referred to section 111 ERA 1996, section 207B ERA 1996, and the authorities in Marks & Spencer plc v Williams-Ryan, Bodhu v Hampshire Area Health Authority, and Palmer v Southend on Sea Borough Council. It concluded that it was reasonably practicable for the claimant to have presented the claim in time, so the tribunal did not have jurisdiction and the unfair dismissal claim was dismissed.