In person v Ms. B Mistry, solicitor — 2022

The claimant was dismissed with immediate effect in February 2022. The tribunal found the effective date of termination was 4 February 2022, based on the respondent’s letter of 3 February 2022 stating that the last day of employment would be the following day. The primary time limit for an unfair dismissal claim therefore expired on 3 May 2022, and the claimant did not start early conciliation until 4 May 2022, the same day he presented his tribunal claim.

Applying the statutory time limit provisions, the tribunal held that it was reasonably practicable for the claimant to present the unfair dismissal claim in time. The claimant had taken legal advice in early February 2022, knew of the right to bring a tribunal claim at least a month before filing, and emailed on 28 April 2022 saying that he had instructed solicitors to start proceedings. The tribunal accepted that he hoped the internal appeal would resolve matters, but found there were no special facts making it not reasonably practicable to present the claim by 3 May 2022.

At the start of the hearing the claimant sought to amend his claim to add direct race discrimination arising from a September 2021 investigation meeting. The tribunal refused the amendment under the Selkent factors because it was a significant new claim raised more than 14 months after the events complained of, the claimant had legal advice when he filed his claim but chose not to include race discrimination, and the proposed claim was described as based on a feeling with no supporting evidence. The judge added that, even if the race discrimination complaint had been before the tribunal, time would not have been extended under section 123 of the Equality Act 2010.