Mr J Cairney v Cathkin Clean Scotland Limited — 2021

Mr J Cairney presented an unfair dismissal claim against Cathkin Clean Scotland Limited on 22 July 2020 after his employment ended on 9 January 2020. The tribunal treated the matter as a preliminary issue because the claim appeared to be out of time. It found that the normal three-month time limit expired on 8 April 2020, but that the ACAS early conciliation certificate extended the deadline to 28 April 2020.

The claimant knew about the time limit and had obtained advice from CAB and then the Strathclyde Law Clinic. He said he delayed because, after the national lockdown on 23 March 2020, he believed the courts were closed based on news reports, and he assumed that the Employment Tribunal would therefore not be dealing with claims. The tribunal accepted that this was his reason, but found that he made no enquiry of the tribunal itself, even though the tribunal remained open throughout lockdown for administration of claims and contact with the public.

Applying section 111 of the Employment Rights Act 1996 and the question of whether it was reasonably practicable to present the claim in time, the tribunal held that it was possible for the claimant to have checked the position before 28 April 2020 and that it was reasonable to expect him to do so. It was not satisfied that it had been not reasonably practicable to present the claim within the time limit. The result was that the tribunal held it did not have jurisdiction to consider the unfair dismissal claim.