Christopher Williams v McDonalds — 2023

Christopher Williams brought a claim for unfair dismissal arising from the termination of his employment with McDonalds on 29 April 2022. The tribunal held that the claim was presented outside the three-month time limit under s.111 ERA 1996: early conciliation with Acas did not begin until 9 November 2022, and the ET1 was presented on 10 November 2022, well after the primary limitation period had expired.

The tribunal considered whether it was not reasonably practicable for the claim to have been presented in time. It noted that the claimant had been advised in person at London South Employment Tribunal in or around 12 May 2022 that he needed to contact Acas, that he had support from friends and family, and that he had communicated with the respondent and about his employment rights during the relevant period. The tribunal did not accept the claimant's recollection that Acas had put him on a waiting list and found that his lack of knowledge about time limits was not reasonable.

Applying the statutory test, the tribunal found that it was reasonably practicable for the claim to have been submitted in time and therefore did not need to decide whether any further delay after the limitation period was reasonable. The claim was struck out and dismissed in its entirety for want of jurisdiction. No monetary remedy was awarded.