Mr M Kelly v Hindle Gears Limited HELD by Cloud Video Platform (CVP) — 2023

The tribunal dealt only with whether the claimant’s unfair dismissal complaint was presented in time. It found that the claimant was dismissed on 17 June 2022, contacted ACAS on several occasions during the internal appeal process, and by 8 September 2022 had himself raised the three-month time limit during the appeal hearing. The tribunal accepted that the claimant said he was unaware of the limit, but it found that from at least 8 September 2022 he was on notice of the issue.

The tribunal found that after the final appeal hearing the claimant had further opportunity to act: he made an abandoned call to ACAS on 13 September 2022, spoke to ACAS again on 23 September 2022 after receiving the appeal outcome letter, entered early conciliation on 5 October 2022, received the ACAS certificate on 24 October 2022, and did not present the claim until 31 October 2022. It noted that the claimant said stress, job search, DWP interviews, child support matters and his brother’s illness affected him, but said most of that detail had not been set out in his claim or witness statement.

Applying section 111(2) of the Employment Rights Act 1996, the tribunal held that it was reasonably practicable for the claimant to lodge the complaint in time. It found that after 23 September 2022, and certainly after the 22-minute ACAS call on that date, he could have progressed the matter sooner. The unfair dismissal claim was therefore dismissed as out of time.