Ms N Azzouz v Samworth Brothers Limited t/a Kettleby Foods — 2022

Ms N Azzouz was employed by Samworth Brothers Limited t/a Kettleby Foods from 10 June 2005 until her summary dismissal on 31 March 2021. Her appeal was heard on 19 May 2021 and the appeal outcome was sent in writing on 21 May 2021. She contacted ACAS for early conciliation on 29 July 2021, received an early conciliation certificate on 20 August 2021, and presented her ET1 on 24 August 2021.

The tribunal identified the issue as whether the unfair dismissal claim had been brought in time and, if not, whether time should be extended under s.111(2) ERA 1996. It reviewed the authorities on the primary three-month limit, the meaning of "reasonably practicable", ignorance of rights and time limits, and the need to act within a further reasonable period where that test is met.

On the facts, the tribunal found that the claimant had a reasonable standard of English, had been involved in her appeal without an interpreter, and was aware of her right to complain of unfair dismissal and the time limit by around 21 May 2021. It rejected her account that ACAS had been unavailable during lockdown, found that she had not tried to contact ACAS earlier, and noted that she had access to an independent trade union but did not seek its advice. The tribunal concluded that it was reasonably practicable for the claimant to bring the claim within the primary time limit, so it did not need to consider whether any extra time taken was reasonable. The claim was therefore dismissed because the tribunal lacked jurisdiction.