Mr S Lewis v Caffyns plc — 2023

Mr S Lewis's claim against Caffyns Plc was heard at a public preliminary hearing on 19 May 2023 before Employment Judge Wright. The claimant did not attend and did not provide written representations. On the morning of the hearing he emailed a GP fit note referring to anxiety and asking for a postponement, but the tribunal noted that the request had not been copied to the respondent and did not comply with the Presidential Guidance on postponements. The tribunal decided to proceed in his absence.

The tribunal held that the claim had been presented out of time. The claimant's employment ended on 24 November 2021, early conciliation ran from 25 November 2021 to 13 December 2021, and the ET1 was not presented until 11 September 2022, almost six months late. Applying the s.111 ERA 1996 time limit and the 'not reasonably practicable' test, and relying on Asda Stores Limited v Kauser and Cygnet Behavioural Health Ltd v Britton, the tribunal accepted the respondent's submission that there was no evidence showing it was not reasonably practicable to present the claim in time.

The tribunal noted that the claimant had said stress and anxiety prevented a timely claim, but he produced no supporting evidence. It also found that, during the relevant period, he had been able to appeal the grievance outcome, contact Acas, complete early conciliation, write further correspondence, and work. In those circumstances the jurisdiction objection succeeded, and the claim was dismissed. No remedy was awarded.