Miss B Lewis v Greggs plc — 2023

The Claimant clarified at the start of the hearing that she was not bringing a discrimination claim and that her sole claim was unfair dismissal. The hearing was limited to whether the claim had been presented in time and, if not, whether time should be extended under section 111 Employment Rights Act 1996.

The Tribunal found that the Effective Date of Termination was 2 December 2022. The Claimant contacted ACAS in time and first attempted to submit a claim by post on 4 May 2023, but the Tribunal found that this attempt did not include the prescribed ET1 form. The valid claim form was received and accepted on 18 May 2023, more than a month after the ACAS early conciliation certificate.

The Tribunal found that the late presentation was not caused by any ongoing internal process, lack of knowledge of the time limit, lack of knowledge of the ET1 form, or ill health. It found that the Claimant had left submission until late in the day and had failed to use the prescribed form, which was an oversight that did not make timely presentation not reasonably practicable. The Tribunal therefore held that it had no jurisdiction and dismissed the unfair dismissal claim.