Mr J Brodie v DFS Trading Ltd — 2022

Mr J Brodie presented an unfair dismissal claim on 20 June 2022 after his employment with DFS Trading Limited had ended on 28 January 2022. The Tribunal held that the ordinary three-month time limit was extended by ACAS Early Conciliation to 12 May 2022, so the claim was still late when presented. The Tribunal therefore treated the claim as time-barred and held that it did not have jurisdiction to hear it further.

The Tribunal accepted that the claimant experienced mental health and financial difficulties after dismissal, and noted that he had contact with his GP, ACAS and a solicitor, as well as continuing to care for his daughter and securing alternative employment in April 2022. However, it found that he knew of the statutory time limit before it expired, or in any event reasonably should have known of it, and that his circumstances did not show it was not reasonably practicable to lodge the claim by 12 May 2022. Because that threshold was not met, the Tribunal did not need to decide whether the further delay until 20 June 2022 was reasonable.