Mr P Sarr v DSG Retail Limited — 2019

The tribunal found that the claimant was dismissed on 21 January 2019. The ordinary three-month time limit expired on 20 April 2019. Early conciliation began on 22 April 2019 and ended on 22 May 2019, and the claim was presented on 20 June 2019. Because early conciliation was started after the ordinary time limit had expired, the tribunal found that the statutory extension did not apply.

The claimant said he believed the claim was in time and relied on advice from Citizens Advice and ACAS, including advice to exhaust the internal appeal process. The tribunal accepted that he believed the claim had been brought in time, but found that this resulted from an error in calculating the limitation date. It found that he knew of the right to claim unfair dismissal, knew that tribunal proceedings involved time limits, had taken advice and had done his own research.

The tribunal concluded that it was reasonably practicable for the claimant to present the complaint in time. He had not shown a physical impediment, ill health, or another reason making timely presentation not reasonably practicable. The unfair dismissal claim was therefore dismissed as out of time under section 111(2) of the Employment Rights Act 1996.