In person For the v Respondent — 2022

The claimant worked for London Underground Limited as a Customer Service Supervisor from 20 April 2007. His employment ended on 12 January 2020 after he resigned on 13 December 2019 with notice expiring on that date. He lodged an Early Conciliation notification with ACAS on 13 January 2020 and ACAS issued a certificate on 13 February 2020, meaning the primary limitation period was extended by 31 days.

The tribunal accepted that the claimant had a difficult period in early 2020, including illness which he said later turned out to be COVID-19, the death of his grandmother, and COVID-19 infections affecting his son, youngest daughter and wife. It also recorded that he had dyslexia, but there was no medical evidence before the tribunal about the extent of his illness or any effect on his ability to complete a claim form. The tribunal noted gaps in the chronology and that the claimant gave only approximate dates for some events.

Applying s.111(2) ERA 1996, the tribunal found that the unfair dismissal claim, presented on 17 June 2020, was outside the extended deadline of 12 May 2020. It held that it was reasonably practicable for the claimant to have presented the claim in time, noting that he had already engaged with ACAS, had access to ACAS information and advice, did not take further steps to progress the claim for lengthy periods, and had not shown that his personal circumstances prevented him from lodging the ET1 within time. The tribunal also said that, even if it were wrong on reasonable practicability, the additional 36 days taken to present the claim would not have been reasonable in all the circumstances.

Because the tribunal concluded that the claim was out of time and should not be heard out of time, it dismissed the unfair dismissal complaint for want of jurisdiction. No substantive dismissal issue was determined and no remedy was awarded.