Mr S Amirthalingam v W M Morrison Supermarkets Limited — 2020

Mr S Amirthalingam brought a single complaint of unfair dismissal against W M Morrison Supermarkets plc. The tribunal found that the dismissal was communicated orally at the meeting on 10 June 2019, so that date was the effective date of termination for section 111 ERA 1996 purposes. The tribunal rejected the argument that the later letter or the appeal process changed the dismissal date, and held that any ACAS early conciliation extension meant the claim had to be lodged by 9 September 2019.

The claim form was presented on 14 October 2019, so it was out of time. The claimant argued that his health, depression, stress, anxiety, language difficulties and confusion about the dismissal date meant it was not reasonably practicable to present the claim sooner. The tribunal accepted that he had underlying health issues and had found the dismissal upsetting, but did not accept that he had been unable to understand that he had been dismissed, unable to leave the house, or unable to seek advice. It noted the appeal letter referring to his "instant dismissal", the absence of medical evidence, and the fact that he had been able to correspond clearly with the respondent and to attend the workplace and travel during the period in question.

Applying the not reasonably practicable test, the tribunal concluded that it was reasonably practicable for the claimant to have presented his claim in time. It also said that, even if the primary limit had been missed for the reasons advanced, the further delay of about one month after the expiry of the limitation period would not have been a reasonable period in which to present the claim. The tribunal therefore held that it had no jurisdiction to entertain the unfair dismissal complaint and struck it out. No monetary remedy was awarded.