Mrs S Birch v HSBC Bank plc — 2020

The Claimant resigned on 3 October 2019, with employment ending on 1 November 2019. The parties agreed that, after Early Conciliation, the time limit for presenting the unfair dismissal complaint expired on 21 March 2020. The claim was presented on 9 April 2020, so the tribunal considered whether it had not been reasonably practicable to present it in time.

The tribunal found that the Claimant knew there was a time limit and initially understood from ACAS that the time limit clock was paused during Early Conciliation. However, after receiving the ACAS certificate and covering email on 21 February 2020, it was not reasonable for her to continue relying on that earlier understanding without making further enquiries. The tribunal found the email made clear that it was her responsibility to ensure any claim was submitted on time and that ACAS could not advise on the deadline.

The tribunal concluded that the Claimant had a month after receiving the certificate to seek information about the time limit, including from the ACAS website or other advice sources. It found that attempts to contact the conciliator, the ongoing grievance appeal, settlement hopes, and pandemic restrictions did not create a practical impediment to timely presentation. The tribunal held that it was reasonably practicable to present the complaint by 21 March 2020 and therefore it had no jurisdiction to hear it.