Claimant v Corbin v Emcor Group (UK) plc — 2020

At the preliminary hearing by CVP on 11 September 2020, the tribunal dealt with limitation issues and case management. The claimant had resigned on 2 January 2019, which the tribunal accepted as the effective date of termination. ACAS was notified on 13 March 2019 and the early conciliation certificate was issued on 13 April 2019, so the unfair dismissal and wrongful dismissal claims had to be presented by 13 May 2019.

The tribunal found that the claimant's representative attempted to send the ET1 by email on 15 May 2019, which was not a permitted method of presentation, and that the form was only received by post on 22 May 2019. Applying the not reasonably practicable test under s.111 ERA 1996 and referring to Dedman v British Building and Engineering, the tribunal held that the delay arose from the representative's error and misunderstanding of the presentation rules, but that this did not make it not reasonably practicable to present the claims in time. The constructive unfair dismissal and wrongful dismissal claims were therefore dismissed.

The direct age discrimination, direct race discrimination and harassment claims were also out of time on the face of the ET1, on the tribunal's finding that the last complained-of acts ended in May 2018. However, after considering the claimant's stress and anxiety, medical evidence, the absence of particular prejudice to the respondent, and the broad just and equitable discretion under s.123(1)(b) Equality Act 2010, the tribunal extended time for those claims. It also refused the respondent's strike-out and deposit application because the factual allegations required a full liability hearing, which was listed for Reading in March 2021.