(sitting alone) Mr Garry McCulloch v SAS International Limited — 2019

Mr Garry McCulloch worked for SAS International Limited as a CNC Operator from June 2012 until his dismissal on 15 November 2018. After ACAS early conciliation, a certificate issued on 21 February 2019 and the tribunal held that the one-month period for presenting the claim expired on 21 March 2019. The ET1 was not presented until 5 April 2019, just over two weeks late.

The preliminary hearing issue was whether it had not been reasonably practicable for the claimant to present his unfair dismissal and arrears of pay claims in time. The tribunal applied the time limit in section 111(2) ERA 1996 and noted that the burden was on the claimant to show both that late presentation was not reasonably practicable and that the claim was then brought within a reasonable further period.

The tribunal accepted that the claimant was an honest and sincere witness and accepted his personal circumstances, including the breakdown of his relationship and reduced contact with his children. It also accepted that he had made the initial ACAS call on 12 February 2019 and that ACAS was likely to have explained the time limit, which the claimant accepted in cross-examination. The tribunal noted that he had internet access and contact with colleagues in the same position.

The tribunal found there was no medical evidence or other sufficient impediment showing that his circumstances made timely presentation not reasonably practicable. It concluded that it was unclear why he could not have submitted the claim by 21 March 2019, held that the not reasonably practicable test was not met, and therefore found that it had no jurisdiction to hear the unfair dismissal and arrears of pay claims, which were dismissed.