Leon Schliker v Accomplish Group — 2022

At a preliminary hearing on 24 February 2022, Employment Judge Howden-Evans held that Mr Schliker’s disability discrimination claim and wrongful dismissal claim were presented within time and that the tribunal had jurisdiction to hear both claims. The agreed dismissal date was 27 January 2021, ACAS early conciliation began on 10 July 2021, and the ET1 was presented on 28 July 2021.

For the wrongful dismissal claim, the tribunal accepted Mr Schliker’s evidence that in February 2021 he was unaware of the employment tribunal, was experiencing low mood and felt overwhelmed, and had contacted ACAS only briefly before asking his mother to act for him. It found that his reasonable lack of knowledge of the tribunal was the substantial cause of the delay and that it was not reasonably practicable to present the claim by 26 April 2021. The tribunal also found that he acted within a reasonable period once he learned of the tribunal in July 2021.

For the disability discrimination claim, the tribunal applied the just and equitable extension test in British Coal Corpn v Keeble and considered the length and reasons for the delay, the effect on evidence, disclosure delays, and the promptness of Mr Schliker’s actions once he knew of the relevant facts. It accepted that documents received on 2 July 2021 gave rise to a belief that the dismissal may have been predetermined and discriminatory, and it held that the claim was presented within such period as was just and equitable. The hearing did not determine the merits of either claim.