Mr S Uddin v JP&S Services Ltd — 2023

Mr S Uddin brought a claim of unfair dismissal against JP&S Services Ltd. The tribunal found that the effective date of termination was 2 February 2022 and that the primary three-month limitation period expired on 1 May 2022. Mr Uddin did not contact ACAS for early conciliation until 12 December 2022, so the section 207B ERA extension could not revive time because the ACAS contact was made after the limitation period had already expired.

The tribunal accepted that Mr Uddin had attended hospital appointments after his July 2021 accident and that his medication had increased, but it found that the medical material did not show he was prevented from seeking advice or making enquiries about his dismissal within time. It also accepted his evidence that he was unaware of the tribunal time limits during the limitation period, but held that this ignorance was not reasonable. The tribunal noted that he could use the internet, could have asked his children for help, and had already spoken to Gull Law Chambers about a personal injury claim.

Applying the reasonable practicability authorities it cited, the tribunal held that there was nothing preventing Mr Uddin from making enquiries about his employment rights after dismissal. His failure to do so was a matter of choice, and when he eventually contacted ACAS his personal circumstances were no different from those that existed during the limitation period. The tribunal therefore found that it was reasonably practicable to present the claim in time and dismissed the unfair dismissal claim for lack of jurisdiction.