No appearance or v Mr G Mcketty legal manager — 2020

Mr M Roye was employed by Education My Life Matters from 8 March 2016 until dismissal with effect from 2 July 2018. At the remote preliminary hearing on 15 December 2020, the claimant did not attend. The respondent appeared through its legal and HR manager, Mr G Mcketty. The tribunal decided to proceed in the claimant's absence, noting that he knew of the hearing, gave no reason for not attending, and that an adjournment would further delay a long outstanding matter and would not do justice to the respondent.

The issue for determination was whether the unfair dismissal complaint had been presented in time. The tribunal found that the primary limitation period expired on 1 October 2018. It noted that the claim form had been presented on 11 October 2018 and was initially rejected because no ACAS certificate had been provided. The claimant later produced an ACAS certificate dated 8 November 2018 after an early conciliation period recorded as running from 8 November 2018 to 8 November 2018, and the claim was accepted on 29 November 2018.

Applying section 111(2) ERA 1996 and the authorities cited in the reasons, including Porter v Bandridge Ltd, Dedman v British Building Engineering Appliances Ltd, Walls Meat Co Ltd v Khan, and Palmer & Saunders v Southend-on-Sea Borough Council, the tribunal held that the claimant had offered no substantial explanation for the delay. It found that it had been reasonably practicable to present the claim within time. The unfair dismissal claim was therefore struck out for lack of jurisdiction, and the tribunal did not consider whether the claim had any reasonable prospects of success.