Representing himself For the v Ms Hollins, Solicitor — 2020

This was a single unfair dismissal claim against Solent University. The tribunal recorded that the claimant was dismissed without notice on 19 December 2019, which was the effective date of termination. The issue at the hearing was not the merits of dismissal, but whether the claim had been presented in time under s.111 Employment Rights Act 1996.

The tribunal found that, absent early conciliation, the limitation date would have been 18 March 2020. ACAS notification was made on 3 March 2020 and the ACAS certificate was issued on 18 March 2020. Applying the early conciliation extension, the tribunal held that the relevant deadline was 18 April 2020. The claim was not presented until 20 April 2020.

On reasonable practicability, the tribunal accepted that the claimant knew he had been dismissed and knew he may have an unfair dismissal claim. It found that he could have discovered the time limit earlier, had access to the internet, and had enough time before 15 April 2020 to submit the claim. The tribunal did not accept that the internal appeal process, the coronavirus lockdown, or the delay in Dr Farwell forwarding the ACAS certificate prevented presentation in time.

The tribunal accepted that the claimant had been misled by an incorrect email from Dr Farwell on 15 April 2020, but held that this did not assist him. It found that Dr Farwell was an experienced union representative, not in the same position as a Citizens Advice Bureau adviser, and that his mistake as to the deadline had to be attributed to the claimant. The claim was therefore rejected as out of time, and the tribunal did not reach the underlying merits.