E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4102591/2019 Held in Glasgow on July 2019 Employment Judge I F Atack Mrs Helen Morton v Represented by: Mr D Wright - Representative Compass Group UK & Ireland Ltd — 2019

At a preliminary hearing on 19 July 2019, the tribunal considered only whether the claimant’s unfair dismissal complaint had been presented in time. The claimant was dismissed on 14 September 2018 and her appeal was refused on 12 November 2018. She contacted Acas on 22 November 2018, an early conciliation certificate was issued on 22 December 2018, and her claim form was sent to the tribunal on 9 February 2019 and accepted on 12 February 2019.

Applying section 111(2) of the Employment Rights Act 1996 together with the early conciliation provisions in section 18A of the Employment Tribunals Act 1996 and section 207B of the Employment Rights Act 1996, the tribunal held that the claim should have been presented by 22 January 2019. It found that it had been reasonably practicable for the claimant to present the claim within that time limit, including before 9 or 12 February 2019, and that the claimant had not discharged the burden of explaining the delay.

Because the claim was out of time and the tribunal was not satisfied that it was not reasonably practicable to present it earlier, the Employment Tribunal held that it did not have jurisdiction to hear the complaint and dismissed it. The judgment referred to Palmer v Southend on Sea Borough Council on the meaning of 'reasonably practicable'.