Mr Kevin Jackson v Collett Holdings Ltd — 2022

Mr Kevin Jackson was dismissed by Collett Holdings Limited, and the dismissal decision was communicated in a recorded-delivery letter he received and read on 8 March 2021. He considered the dismissal unfair and contacted ACAS on 29 April 2021, which issued an early conciliation certificate the same day. The tribunal calculated that the three-month time limit expired on 8 June 2021, allowing for one day of ACAS early conciliation, but the ET1 was not received until 5 October 2021.

The tribunal applied section 111 ERA 1996 and considered whether it was "reasonably practicable" for the claim to have been presented in time, referring to Palmer v Southend-on-Sea Borough Council and Walls Meat Co Ltd v Khan. It found that it was reasonably practicable for Mr Jackson to submit the claim by the deadline. In particular, he had access to the internet, could have asked a colleague who was pursuing an employment tribunal case, and could have contacted the tribunal earlier to find out how to submit the ET1.

The tribunal also found that any delay in receiving the paper ET1 form was not the reason the deadline was missed, because Mr Jackson did not contact the tribunal until at least three weeks after the time limit had already expired. He told the tribunal that there was no physical reason why he could not submit the form and nothing else he could say that would explain the delay. The unfair dismissal complaint was therefore out of time, the tribunal had no jurisdiction to hear it, and the claim was dismissed.