Mr G Flanders v Bury College — 2021

Mr G Flanders brought a claim of unfair dismissal against Bury College. The tribunal found that his employment for the purposes of the claim ended on 3 July 2020, so the primary limitation period under section 111 ERA 1996 expired on 2 October 2020. The claim was not entered until 1 January 2021, after ACAS early conciliation on 27 to 30 December 2020, so it was outside the primary time limit.

The tribunal rejected the argument that a conversation with Mr Fordham on the claimant's last day amounted to a continuing arrangement or extended employment. On the evidence, it was at most a proposal that he might be offered work in the future, and it did not create certainty of date, role or terms. The tribunal held that it was reasonably practicable for the claimant to present the claim in time, and that his lack of knowledge of the time limit was not reasonable. It therefore held that it had no jurisdiction and dismissed the unfair dismissal claim.

The tribunal also recorded that, even if the time point had been resolved in the claimant's favour, he still did not have two years' continuous employment under section 108 ERA 1996. It found that the claimant's agency work from 14 March 2018 to 27 June 2018 was supplied through a chain of contracts involving the agency and umbrella company, and that there was no need to imply a direct contract of employment with Bury College. The claimant's direct employment was found to run from 21 August 2018 to 3 July 2020. The tribunal also found that his attendance at the 5 July 2018 staff conference was voluntary and did not make that date the start of employment.