Aamir Malik v Uber London Limited — 2022

The tribunal recorded that the claimant's Uber account was suspended on 21 May 2021 and that he was later told by telephone that the decision to end the arrangement was permanent and could not be appealed. An email of 16 June 2021 confirmed that Uber had exercised its right to terminate the services agreement, although the claimant could not open the attached notice.

The tribunal did not determine whether the claimant was an employee. It held that, if he was an employee, any unfair dismissal claim had to be brought within three months of dismissal unless it was not reasonably practicable to do so. The tribunal found that the claimant knew by the telephone call and email that the arrangement had ended permanently, even though he did not know the reason and could not read the attachment.

On that basis, the tribunal found the three-month limitation period expired on 7 September 2021, before ACAS early conciliation began on 21 September 2021, so conciliation did not extend time. It also found there was nothing preventing the claimant from presenting his claim in time and that, in any event, the later delay until 10 November 2021 was unreasonably long.