Mr P Smith v Skanska plc — 2019

The claimant's employment ended on 6 August 2018 when he was made redundant, which the tribunal noted amounted in law to a dismissal. He wanted to challenge that dismissal as unfair under the Employment Rights Act 1996 and went through mandatory early conciliation between 5 November 2018 and 19 December 2018. The tribunal recorded that the limitation period for presenting the unfair dismissal claim expired on 19 January 2019, but the claim was not presented until 20 February 2019, making it one month and one day out of time.

The hearing was listed to decide whether the claim had been presented out of time and, if so, whether it had not been reasonably practicable to present it in time and had then been brought within a reasonable time. The claimant said he had been very poorly for about four weeks in January 2019 and referred to having pneumonia and shingles. He also stated that, although age and disability were mentioned in the claim form, he was not pursuing any discrimination complaints based on those characteristics.

After hearing from both sides, the tribunal adjourned the limitation issue and indicated that it would give directions for a witness statement and medical evidence. The claimant then raised the possibility of withdrawing the case, was given time to consider that position, and confirmed that he wished to withdraw. The tribunal accordingly dismissed the unfair dismissal claim following that withdrawal.