Mr A Withey v Nu-Tech Services Ltd t/a Nu-Tech Electrical — 2019

Mr A Withey presented his claim form on 19 December 2018 after being dismissed on 22 June 2018. The tribunal said the ordinary limitation period expired on 21 September 2018, and that ACAS early conciliation on 21 September 2018 gave an automatic extension only until 21 October 2018. Because the claim was not served until 19 December 2018, the tribunal held that all of the claims were out of time.

The judge accepted the claimant's medical evidence showing ongoing moderate to severe anxiety and depression, and noted the medical record entry referring to an overdose when distressed. However, for the non-discrimination claims the tribunal applied the reasonable practicability test and found there was no evidence explaining why the claim was not brought in time. The judge also noted that the claimant had managed to discover and complete ACAS early conciliation within time, and had understood enough about the two-year service requirement for unfair dismissal to decide not to bring that claim originally.

For the discrimination claim, the tribunal applied the just and equitable test but refused to extend time. The claimant had not identified any protected characteristic in the claim form, and when asked at the hearing he was unable to identify one. The judge said the claim could not proceed on a general perception of unfairness and that allowing it to go forward without a central component of the claim would benefit nobody. All claims were therefore dismissed for want of jurisdiction, and no remedy was awarded.