Represented himself v Respondent — 2023

Mr David Winstone brought claims against Footballco Media Ltd for constructive unfair dismissal and unpaid notice pay. The hearing on 12 June 2023 was a preliminary hearing to decide his application for an extension of time to present the ET1. Employment Judge Heydon found that the claim was presented outside the statutory time limit and that it was reasonably practicable for it to have been presented in time.

The tribunal accepted that ACAS sent early conciliation emails and a certificate, that the certificate date was crucial to the deadline, and that the final deadline was 23 January 2023. Mr Winstone did not present his claim until 3 February 2023, about 12 days late. The tribunal found that he knew there were short time limits and had been relying on Keystone Law, who had ample opportunity to check the ACAS communications and ascertain the correct deadline. Applying the "not reasonably practicable" test and referring to Wall's Meat Co Ltd v Khan, the tribunal held that solicitors' failure to make the necessary inquiries did not make the delay reasonable.

The application for extension of time was refused. As a result, the tribunal could not consider the substantive claims, and the claim was dismissed. The judgment noted that Mr Winstone was blameless in the delay, but that was not enough to justify extending time; any recourse would be against his solicitors.