Mr T Herbert v William Hill Organisation Limited — 2018

This was an open preliminary hearing to decide whether the claimant's unfair dismissal complaint had been presented within the statutory time limit. The tribunal accepted, giving the claimant the benefit of the doubt, that the latest date he knew of his dismissal was 1 April 2018. On that basis, and allowing for early conciliation, the relevant deadline was 30 June 2018, but the claim was not filed until 12 October 2018.

The tribunal recorded that the claimant had a law degree, was studying for a masters, and had researched unfair dismissal and the time limit. He also appealed the dismissal, attended a rearranged appeal hearing on 7 June 2018, and on 19 July 2018 emailed the respondent saying he had lodged an Employment Tribunal claim. The tribunal treated those facts as showing that he knew about the claim and the time limit well before the claim was issued.

The claimant said the delay was because he was not of sound mind and that it was all very stressful, but he produced no medical evidence. The tribunal noted that during the relevant period he was holding down two jobs, including work as a project manager, and was also completing his masters. In those circumstances, it found that it had been reasonably practicable for him to present the claim in time and that he had failed to explain precisely why he did not do so.

The tribunal therefore held that it had no jurisdiction to hear the unfair dismissal claim and dismissed it. No substantive merits finding or monetary award was made.