Mr R Jenkins, Union representative. For the v Respondent — 2020

The claimant resigned from his B&Q role and his employment ended on 30 August 2018. He presented complaints of unfair dismissal and disability discrimination on 10 March 2019. The tribunal accepted his evidence entirely and found that he knew the facts giving rise to both claims by 30 August 2018. It also recorded that he had stable health during the period after receiving the ACAS certificate and before presenting the ET1.

For limitation, the tribunal found that the relevant act date was 30 August 2018 and that the ordinary three-month time limit expired on 29 November 2018, when ACAS early conciliation began. Applying s.207B ERA 1996 and s.140B EqA 2010, it held that the time limit then expired one month after Day B, on 12 February 2019. Although the claimant had completed the ET1 by that date and given it to his advisors, he did not present it to the tribunal until 10 March 2019.

On the unfair dismissal complaint, the tribunal held that it was reasonably practicable to present the claim on time, and that the claimant did not present it within such further period as was reasonable. On the disability discrimination complaint, it held that it was not just and equitable to extend time. The tribunal noted that the claimant did not need further documents from B&Q to know the basis of his claims, and that his disability was not relevant to the delay.

The tribunal referred to the authorities on time limits and advice, including Dedman, Wall's Meat, Marks & Spencer plc v Williams-Ryan, Paczkowski v Sieradzka, and Chief Constable of Lincolnshire Police v Caston. It concluded that both claims were out of time and dismissed them.