Marius Samavičius v Mitie FM Ltd — 2022

The claimant's employment ended on 26 February 2021, so the three-month time limit expired on 25 May 2021. He presented the claim on 1 June 2021 without an Acas early conciliation certificate. The tribunal noted that the claim form referred to interim relief, but no interim relief claim was actually included, and in any event such an application would have been out of time because it had to be made within 7 days of dismissal.

At a case management hearing on 24 February 2022, the claimant accepted that he did not have two years' service and withdrew his unfair dismissal claim, which was dismissed by judgment on that date. He also withdrew the race discrimination claim, and that too was dismissed by judgment dated 24 February 2022.

The tribunal struck out the remaining disability discrimination, public interest disclosure/automatically unfair dismissal, and unpaid wages claims. It held that an Acas early conciliation certificate was required and that the later certificate obtained after issue, during 9 to 14 June 2021, did not cure the defect. It also found the claims out of time: for the money claims and the public interest disclosure claim, it was reasonably practicable to present them in time, and for the disability discrimination claim it would not have been just and equitable to extend time. The tribunal said it did not need to decide whether the claimant was disabled or whether the respondent knew or should have known of any disability.