Mr G Hough v West Ham United Football Club Limited — 2022

Mr Hough was employed by West Ham United Football Club Limited from 2015 until his resignation on 9 June 2021. He asked to be released from his notice period so that he could start new employment on 14 June 2021, and the parties agreed that 9 June 2021 was his last day of employment. The tribunal dealt with an unfair dismissal complaint and a claim for outstanding commission, but noted that the ET1 and grounds of claim did not clearly state whether the money claim was brought as unlawful deduction of wages or breach of contract.

The tribunal found that the three-month limitation period expired on 8 September 2021. The claimant did not start ACAS early conciliation until 10 September 2021, and his ET1 was issued on 13 September 2021, five days after the deadline. The claimant had sought advice from a solicitor on 17 June 2021 and said he had been told of a three-month deadline, but the tribunal found he was aware of his effective date of termination and that correspondence in August 2021 showed he was asserting an entitlement to outstanding commission.

Applying section 111(2) ERA 1996 to the unfair dismissal complaint, and section 23(2) ERA 1996 and Article 7 of the Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994 to the commission claim, the tribunal held that it was reasonably practicable for the complaints to have been presented in time. It relied on Dedman v British Building and Engineering Appliances Ltd and Wall's Meat Co Ltd v Khan in holding that reliance on skilled legal advisers did not excuse the late presentation. The tribunal therefore concluded that it had no jurisdiction to hear either complaint, dismissed the claim, and vacated any future hearing dates.