Mr Obinna Igbo v Whittington Hospital — 2023

The claimant, Mr Obinna Igbo, was dismissed by Whittington Hospital on 23 February 2022 for gross misconduct. He brought an ET1 on 31 May 2022 alleging unfair dismissal and victimisation, after making contact with ACAS on 24 May 2022 and receiving an ACAS certificate on 26 May 2022. The respondent raised jurisdiction, saying the claims were out of time, and the tribunal dealt first with limitation before any amendment application.

On unfair dismissal, the tribunal held that the effective date of termination remained 23 February 2022 notwithstanding the internal appeal process. Applying section 111(2)(a) of the Employment Rights Act 1996 and the authorities cited in the judgment, it found the limitation date was 22 May 2022. Because ACAS was not contacted until 24 May 2022, the conciliation extension could not assist, and the ET1 was therefore nine days late.

The tribunal then considered whether it was not reasonably practicable to present the unfair dismissal claim in time under section 111(2)(b) ERA 1996. It accepted that the claimant had been under significant distress and had access to trade union support, but found that he had not discharged the burden of showing why the claim could not have been presented earlier. The tribunal noted that he contacted ACAS only two days after the deadline and that no oral evidence was given on the pressures he said affected him.

The tribunal also treated any stand-alone victimisation claim as out of time and found that the claimant had not shown it would be just and equitable to extend time. Because the claims were out of time and beyond jurisdiction, the tribunal said there was no need to deal with the amendment application or other applications.