Mr Craig Hodges v Monarch Partnership Limited — 2022

Mr Hodges was dismissed on 15 September 2020 and presented unfair dismissal and redundancy payment claims on 12 January 2021 after ACAS Early Conciliation began on 8 January 2021. The tribunal found the unfair dismissal claim was brought outside the statutory time limit under section 111 of the Employment Rights Act 1996: the last date for presentation was 14 December 2020, so the claim was 29 days late and ACAS Early Conciliation could not extend time because it started after that date.

The tribunal then considered whether it had been reasonably practicable for the unfair dismissal claim to be presented in time. It cited the authorities including Dedman, Porter, Palmer, Asda Stores v Kauser, and DHL Supply Chain v Fazackerley. It did not accept Mr Hodges' evidence that an ACAS adviser had told him the limitation period was four months, finding his account unreliable and preferring the inference that he delayed because he had taken another job and later decided, after that job ended, to pursue the matter.

On that basis the tribunal held that the statutory test was not met and dismissed the unfair dismissal claim for lack of jurisdiction. At the hearing Mr Hodges accepted that he had already been paid the correct redundancy payment and withdrew that claim, which the tribunal dismissed upon withdrawal. No monetary award was made.