Mr K Patel v Juniper Ventures Limited — 2022

This was a preliminary hearing on limitation only. Mr Patel was dismissed with immediate effect on 28 May 2021, so the primary three-month time limit expired on 27 August 2021. He contacted ACAS on 6 September 2021 and the ACAS certificate issued on 7 September 2021, which was outside the primary time limit.

The tribunal found that Mr Patel had been supported at the disciplinary hearing by a trade union representative, Ms Dobbs, and that after the appeal she told him that it was for him to take matters further and that there were time limits. The tribunal accepted that he did not necessarily know the exact length of the limit, but found that he knew there were time limits and that he unreasonably delayed in finding out more, including after speaking to a friend who gave him the ACAS contact number.

The tribunal also considered Mr Patel's evidence that back pain, medication side effects and stress made it difficult for him to act in time. It found that he had been able to continue working up to dismissal, and then worked directly for the school afterwards on an as-and-when basis, which did not support the level of cognitive impairment he claimed. It found no medical evidence of a mental health condition preventing him from taking rational steps to bring the claim.

Applying s111(2)(b) Employment Rights Act 1996, and noting the ACAS conciliation provisions in s207B(3) and s207B(4), the tribunal held that it had been reasonably practicable for him to present the claim in time. Time was not extended, and the unfair dismissal claim was dismissed for lack of jurisdiction.