Case 2206558/2021 · Employment Tribunal
William Kabati v Mitie Limited — 2022
- Case reference
- 2206558/2021
- Decision date
- 18 March 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Representation Claimant
Parties
2 namedClaimant
William Kabati
Respondent
Key findings
Tribunal's reasoningThe claimant was dismissed on 1 April 2021 and received pay in lieu of notice. After ACAS early conciliation, the tribunal found that the deadline for presenting an unfair dismissal claim was 8 August 2021. The claimant emailed an ET1 form to London Central at 23:58 on that date, but email to a regional office was not an accepted method of presenting a claim under the applicable rules and practice direction.
The claimant later presented a second ET1 on 11 October 2021. The tribunal accepted that he had believed he had presented his claim in time, but found that his ignorance of the correct procedure was not reasonable because Gov.uk provided accessible information on how to submit a claim and the automated response stated that new ET1 claims could not be accepted by email and provided a link to the online submission service.
The tribunal concluded that it was reasonably practicable for the claim to be presented within the normal time limit and that the second claim was not presented within a reasonable time after expiry of the deadline. It therefore held that it did not have jurisdiction to consider the claim.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal held that it did not have jurisdiction to consider the unfair dismissal claim because the claim was not validly presented within the statutory time limit and the statutory extension test was not satisfied. | Dismissed | — | — |
Legal tests applied
8 references- rule 8(1) of the Employment Tribunals Rules of Procedure
- Presidential Practice Direction Presentation of Claims (2020)
- s.111(2) ERA 1996
- s.97(1)(b) ERA 1996
- s.207B(3) ERA 1996
- s.207B(4) ERA 1996
- Marks & Spencer plc v Williams-Ryan [2005] EWCA Civ 470
- Wall's Meat Co Ltd v Khan [1978] IRLR 499
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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