Mr S Gumus v Uber Britannia Ltd — 2024

Mr S Gumus brought an unfair dismissal claim against Uber Britannia Limited. The respondent raised preliminary issues about time limits and whether the claimant was properly described as an employee, but the hearing on 18 June 2024 determined only whether the claim had been brought in time.

The tribunal used 1 October 2023 as the termination date because that date was evidenced by the respondent's letter and was more favourable to the claimant than the date he suggested. ACAS notification was on 13 November 2023, the ACAS certificate was issued on 15 November 2023, and the ET1 was lodged on 9 January 2024. The tribunal recorded that any claim should have been brought by 2 January 2024 on the respondent's termination date.

The claimant said he had contacted Citizens Advice and ACAS, believed ACAS might arrange legal representation, and had waited for ACAS correspondence, but he accepted that he did not check his emails, did not chase matters, did no research into tribunal procedure, and did not contact a lawyer. The tribunal also considered his evidence about separation from his wife, a suicide attempt, and breakdown in his relationship with his daughter, but found that these matters did not sufficiently explain the delay, particularly as they appeared to arise at an early stage and he had not sought professional help.

Applying section 111 of the Employment Rights Act 1996, the tribunal was not satisfied on the balance of probabilities that it was not reasonably practicable for the claimant to bring the claim within the initial three-month time limit. The unfair dismissal claim was therefore dismissed, and no remedy was awarded.