Mr R. Rampersad v Essex Partnership University NHS Foundation Trust — 2020

Mr R. Rampersad presented his ET1 on 24 September 2019 after ACAS early conciliation between 21 and 23 September 2019. The ET1 complained of unfair dismissal, race discrimination and disability discrimination, but this judgment dealt only with whether the tribunal had jurisdiction to hear the unfair-dismissal claim.

The tribunal found that the effective date of termination was 13 February 2019. It relied on the dismissal meeting and the follow-up letter stating that his last day of employment would be 13 February 2019, together with the claimant's own and his union's contemporaneous emails, the ill-health retirement paperwork, and the final payslip showing £8,433.12 marked as pay in lieu of notice and £2,811.05 marked as pay in lieu of annual leave. The tribunal rejected the claimant's argument that the effective date was 31 May 2019 or 27 August 2019, and held that the dismissal letter was not ambiguous so there was no need to apply contra proferentem.

On that basis, the three-month limitation period expired on 12 May 2019, so the claim was about four and a half months late. The tribunal held that it was reasonably practicable to present the claim in time: by late February 2019 the claimant and his union were discussing legal advice and the prospects of a tribunal claim, and the tribunal found that he chose not to issue proceedings after being told the claim was unlikely to succeed. His ill-health and the length of the internal appeal process did not justify an extension of time. The unfair-dismissal claim was therefore struck out for lack of jurisdiction.