Grey Thompson v Leighton Buzzard Self Storage Ltd t/a Cinch Self Storage — 2023

Employment Judge Tobin heard the respondent's preliminary strike-out application on 26 January 2023 and proceeded in Grey Thompson's absence under Rule 47 after being satisfied that he had notice the hearing would be in person. The tribunal treated the claims as automatic unfair dismissal because of a protected disclosure under s103A ERA 1996, automatic unfair dismissal for health and safety reasons under s100 ERA 1996, and breach of contract; the respondent also mentioned an ordinary constructive unfair dismissal issue, but the judge said that point was not being determined.

On limitation, the tribunal found the effective date of termination was 24 September 2021. After applying ACAS early conciliation and the stop-the-clock calculation, the last day for presenting the claims was 28 December 2021. The ET1 was not presented until 6 May 2022, which the tribunal found was 4 months and 8 days late. The claimant had written to the tribunal saying he had missed the timing and referring to hospitalisation after a chemical leak at work, but the judge found there was no medical or other corroborative evidence to support incapacity.

The tribunal accepted that the claimant had used a grievance process, had used legal terms when resigning, and had sought advice from ACAS, his union and Protect before and after his employment ended. It also noted that he started a new job on 3 October 2021 and remained able to work until May 2022. Applying the s111 ERA 1996 time-limit test and the question of reasonable practicability, the tribunal held that it was reasonably practicable to present the claims within time and that the later delay was not reasonable. Proceedings were therefore dismissed for want of jurisdiction.