Mr A Moon v Roofoods Ltd — 2019

The claimant, Mr A Moon, brought claims for unfair dismissal and breach of contract arising from the respondent's termination of his supplier agreement on 11 February 2019. The tribunal recorded that he started work on 14 August 2017 and accepted that the effective date of termination was 11 February 2019. It found that, because his service was less than two years, the tribunal had no jurisdiction to hear the unfair dismissal claim under section 108 ERA 1996, and that claim was dismissed.

The tribunal also found that the breach of contract claim was presented out of time. The claim form was presented on 21 October 2019, and the tribunal held that the relevant three-month period had expired on 10 May 2019. It accepted that the claimant had anxiety and was upset after the dismissal, but found no clear evidence that he had been misled about the law or time limits. It noted that he had access to the internet and to CAB and ACAS resources, and that there was insufficient explanation for the delay between dismissal and contact with ACAS.

Applying the time-limit provisions in section 111(1) ERA 1996, the tribunal concluded that it was reasonably practicable for the claimant to have presented the breach of contract claim in time, so it dismissed that claim for want of jurisdiction. It said that the ACAS early conciliation period did not extend time because it was started after the three-month period had already expired.

The tribunal added that, even if the breach of contract claim had been in time, it would have struck it out under rule 37 of the Employment Tribunal Rules because it had no reasonable prospects of success. It relied on the supplier agreement's warranty that the claimant had no unspent convictions and on the clause allowing immediate termination for serious or material breach. The DBS checks showed unspent convictions, so the tribunal held that the respondent had the right to terminate without notice. All of the claimant's claims were therefore dismissed.