Mr R Kirkwood v Represented by:- Mr William McParland – Solicitor European Metal Recycling Limited — 2018

The claimant was dismissed on 21 September 2017. The tribunal found that he did not know at that point that he could bring an unfair dismissal claim, but that in late October or early November 2017 he learned of that right after speaking to a friend. He then went online, used the ACAS early conciliation process, and submitted the ACAS notification on 8 November 2017. The ACAS certificate issued on 8 December 2017, and the tribunal found that the effective time limit for presenting the claim expired on 7 January 2018. The claimant did not present his ET1 until 15 February 2018, just over five weeks late.

The issue was whether the tribunal should extend time under s.111 ERA 1996. The tribunal accepted that the claimant was unaware of his right to bring a claim until late October or early November 2017, but held that from the point he became aware of that right he was on notice to make enquiries about the relevant time limits. It found that the email accompanying the ACAS certificate clearly stated that it was the claimant's responsibility to lodge any ET1 on time, and that ACAS had not given him incorrect advice or told him it would present the claim on his behalf. The tribunal also noted that the claimant chose not to read the linked ACAS information.

The tribunal took account of the claimant's age and relative inexperience, but found those factors outweighed by the fact that he had already navigated the ACAS website, made the early conciliation notification, and later contacted ACAS by telephone and email in his attempts to progress the matter. It concluded that his ignorance of the time limits was not reasonable, that it had not been shown that presentation in time was not reasonably practicable, and that the claim was not brought within a reasonable period thereafter. The result was that the tribunal held it had no jurisdiction to consider the unfair dismissal claim.