Claimant v First Transpennine Express Ltd — 2023

The Tribunal held a preliminary hearing in the Claimant’s absence. The Claimant emailed on 14 April 2023 saying only that he would not be able to attend, without giving a reason. He had been told that the hearing would decide whether it had been practicable to present the claim within the time limit and was asked to provide evidence in advance, but nothing was received from him. The Tribunal also recorded that the Clerk tried to contact him on the morning of the hearing by email and telephone, without response, and proceeded in his absence under Rule 47.

On the unfair dismissal claim, the Tribunal found that the Claimant was orally summarily dismissed on 11 October 2022 and that dismissal was confirmed in writing on 14 October 2022. On that basis, the primary limitation period under section 111 of the Employment Rights Act 1996 expired on 10 January 2023. The Claimant first contacted ACAS on 18 January 2023, which was one week outside the primary time limit, so there could be no extension of time for the ACAS process.

The Tribunal said the burden was on the Claimant to show that it was not reasonably practicable to present the complaint in time, and that he had not offered any explanation, reason, or argument despite being given the opportunity to do so. It noted the evidence before it that the disability box on the ET1 was not ticked, that he had started new employment on 27 November 2022, and that he was able to send an email on 14 April 2023. It concluded that he had failed to show that it was not reasonably practicable to present the unfair dismissal complaint within the statutory time limit, so the complaint was dismissed as out of time. No remedy was awarded.