In person For the v L Fakunle (solicitor- Peninsula) — 2024

The claimant brought a constructive unfair dismissal claim. At the hearing on 13 June 2024, the tribunal raised time limits of its own motion, heard submissions from both parties, and then considered whether the claim had been presented within the statutory time limit or whether time should be extended.

The tribunal found that the claimant resigned on 20 October 2023, so that date was the effective date of termination for limitation purposes. Applying s.111 Employment Rights Act 1996 and the ACAS early conciliation rules in s.207B, it held that the last date for presenting the claim was 21 January 2024. The claim was in fact presented on 30 January 2024, so it was out of time.

The tribunal then considered whether it had been reasonably practicable for the claimant to present the claim in time. It accepted that the claimant had engaged with ACAS shortly after resignation and had done his own research, including checking the CAB website, but found that the lateness resulted from a misunderstanding of the time limit rather than any incapacity preventing a timely claim. Although the claimant said he was upset and depressed after losing a job he had held for fifteen years, the tribunal found there was no indication that he was incapacitated between the end of early conciliation and the filing date.

On that basis, the tribunal held that it was reasonably practicable to present the claim in time, concluded that it had no jurisdiction to hear the claim, and struck it out.