Mr Morris, Trade Union Representative For the v Miss Nicolaou, Solicitor — 2021

This was a preliminary hearing limited to whether it was reasonably practicable for the claimant to present the unfair dismissal claim in time under section 111(2) of the Employment Rights Act 1996, allowing for the Acas Early Conciliation extension. The tribunal accepted, following discussion with the claimant's representative, that the effective date of termination was 7 January 2020. It noted the claimant's claim form also stated that date, and that the subsequent letter of 10 January 2020 confirmed summary dismissal with effect from 7 January 2020.

The tribunal found that the claim was filed on 13 May 2020, some four days late, and that there was no sufficient explanation for the delay. It rejected the explanation that the pandemic and office closures made it impracticable to issue the claim, noting that there was still time between the dismissal date and the end of March, and also no explanation for the period after the Acas Early Conciliation certificate was issued on 9 April 2020. Applying the burden on the claimant to show that late presentation was not reasonably practicable, the tribunal held that he had not done so.

The tribunal referred to Palmer and Anr v Southend on Sea Borough Council and Asda Stores Limited v Kauser when explaining the meaning of "reasonably practicable". It concluded that it was reasonably practicable to have issued the claim in time, describing it as a feasible possibility. The unfair dismissal claim was therefore dismissed for want of jurisdiction, and no merits findings or remedy award were made.