Mr P Sharma v The Co-Operative Group Ltd — 2020

The claimant was dismissed on capability grounds with effect from 16 January 2019. He pursued the respondent's internal appeal process, including a first appeal rejected on 4 March 2019 and a second appeal process which led to further occupational health advice before the dismissal was confirmed on 9 September 2019. He contacted ACAS on 11 November 2019 and presented his tribunal claim on 26 November 2019.

The tribunal found that the claimant knew, or should have known with trade union advice, about the right to bring an employment tribunal claim, the three-month time limit, and that an internal appeal did not make it not reasonably practicable to present a claim in time. It took account of delay in the appeal process attributable to the respondent, and of the claimant's health, family and financial circumstances, but found these did not make timely presentation not reasonably practicable.

The tribunal also found that, even if it had not been reasonably practicable to present the claim in time, the claimant did not present it within a reasonable further period. In particular, after the final appeal outcome on 9 September 2019, he waited two months before contacting ACAS and a further two weeks after the certificate was issued before presenting the claim. The claim was therefore dismissed for lack of jurisdiction.