Mr S Khan v Engie Services Limited — 2020

The tribunal considered at a preliminary hearing whether the claimant's unfair dismissal complaint had been presented within the statutory time limit. It found that the effective date of termination was 7 November 2019, when the claimant was dismissed with immediate effect and paid in lieu of notice. The ET1 was presented on 14 March 2020, after the primary limitation period had expired on 6 February 2020.

The claimant relied on the internal appeal process, advice from his union that he had three months from the appeal outcome, and stress and depression. The tribunal found that he took an active part in the dismissal and appeal process, sought other work, attended interviews, made a subject access request, and was not prevented by his health from contacting ACAS or lodging a claim in time. It also found that early conciliation did not begin until 2 March 2020, after expiry of the primary limitation period.

Applying the authorities cited, the tribunal held that it had been reasonably practicable for the claimant to present the complaint in time and that any mistaken advice from the union adviser was attributable to him. It further held that, even if time had only become practicable after the appeal outcome, the further delay until early conciliation began was not reasonable. The tribunal therefore had no jurisdiction to consider the unfair dismissal complaint and dismissed it.