Mr W Westwood v Paragon Automotive Logistics Limited — 2022

Mr W Westwood presented a claim form on 2 February 2022 alleging unfair dismissal. The tribunal recorded that his employment with Paragon Automotive Logistics Limited ran from 10 December 2018 to 15 October 2021, so the claim was outside the ordinary three-month time limit in section 111 Employment Rights Act 1996.

The tribunal applied section 111(2) ERA 1996 and the guidance in Palmer and Saunders v Southend-On-Sea Borough Council on whether it was reasonably practicable to present the complaint in time. It noted the claimant's explanation that he had not known about the limitation period until late January 2022 and that the respondent had delayed matters, but found no facts showing any impediment that prevented a timely claim.

The tribunal also took into account that the claimant had been represented by Unite throughout the disciplinary and appeal process and that the union was aware of the time limit. It found that the claimant had not explained any concrete delay caused by the respondent, and that his claim could have been presented in time.

The claimant did not attend the hearing and did not provide a witness statement. The tribunal therefore struck out the unfair dismissal complaint and held that it could not consider the claim because it was presented out of time.