Mr P Gold v Sainsbury’s Supermarkets Limited — 2021

The claimant was employed from 3 January 2017 until summary dismissal on 16 October 2019. The Tribunal found the effective date of termination was 16 October 2019, notwithstanding the dismissal letter referring to 17 October 2019. With ACAS early conciliation from 2 December 2019 to 18 December 2019, the limitation deadline was extended to 1 February 2020. The claim presented on 3 February 2020 was therefore two days late.

The Tribunal considered whether it was not reasonably practicable to present the claim in time and, if so, whether it was presented within a reasonable further period. It accepted that it was reasonable for the claimant to rely on the termination date stated in the respondent's letter, which would explain being one day late, but found the claimant's further errors in calculating the expiry date and the ACAS extension were not reasonable. The claimant had not identified practical constraints preventing timely presentation, and the claim was struck out as out of time.

The respondent had also made two costs applications. The Tribunal did not determine them on the papers, stating that before making the requested findings about the claimant's conduct it would need to hear live evidence or give the claimant an opportunity to answer in person. The order provided that both costs applications would stand dismissed unless the respondent requested a costs hearing by 30 September 2021.