Mr T M Brook v Asda Stores Ltd HELD by CVP in Leeds — 2024

The claimant, Mr T M Brook, had an unfair dismissal claim against Asda Stores Ltd. The hearing was listed by video, and the tribunal recorded that the claimant emailed shortly before the hearing saying he was 67, did not have a computer, and was confused by the process because of stress, anxiety and depression. The tribunal noted that he could use email, was directed to the helpline, and was told that the hearing would proceed, but he did not attend.

The tribunal said the purpose of the hearing was to consider whether the claim was presented out of time under sections 111(2)(a) and (b) of the Employment Rights Act 1996 and, if so, whether it should be dismissed for lack of jurisdiction. It recorded that the claimant was dismissed on 25 November 2022, entered early conciliation on 23 February 2023, received his early conciliation certificate on 6 April 2023, and should therefore have presented his claim by 6 May 2023. The claim was presented on 16 May 2023, 10 days late.

Because the claimant did not attend, the tribunal said it could not examine whether it was not reasonably practicable for the unfair dismissal complaint to be presented within the primary time limit. It concluded that it had no alternative but to dismiss the claim, and the judgment states that the unfair dismissal claim was dismissed on non-attendance. No monetary award was made.