Mr F Vieira de Azevedo v Lumeon Limited — 2019

Mr F Vieira de Azevedo was employed by Lumeon Limited from 26 January 2016 and his employment ended on 9 October 2018. He entered ACAS early conciliation on 21 November 2018, the certificate issued on 5 December 2018, and he presented his ET1 on 23 January 2019. The tribunal found that the unfair dismissal claim should have been received on 22 January 2019 and was therefore one day late.

Applying s.111 ERA 1996, the tribunal held that it was reasonably practicable for the claimant to present the unfair dismissal claim within time. It noted that he had been aware for months that he might bring proceedings, had legal advice from a solicitor, and had already completed the internal process by 6 November 2018. The explanations advanced for the delay, including stress, family responsibilities, and needing to find another job, were not enough to justify an extension.

For the Equality Act claim, the claimant relied on an incident on 16 March 2018 with Alex Cooper which he described as bullying and harassment on the protected characteristic of race, and on criticism of his English language ability. The tribunal held that those matters were outside the three-month time limit, even if treated as an ongoing act ending with dismissal, and declined to extend time on the just and equitable basis under s.123 Equality Act 2010. It therefore held that it had no jurisdiction to hear the claims. The tribunal also said it did not at that stage accept that a protected disclosure claim had been presented, but that the time-point reasoning would apply to such a claim if it had been raised.