Mr James Gaffney v Represented by: Mr J Jardine –10 Representative TSB Bank plc — 2017

Mr James Gaffney was dismissed by TSB Bank plc on 22 March 2017 and presented an unfair dismissal claim on 7 September 2017. The tribunal dealt only with a preliminary issue of time bar. It recorded that the primary limitation date for a claim or ACAS early conciliation was 21 June 2017.

The tribunal found that Mr Gaffney had handed responsibility for pursuing any remedy to the TSB Union well before the limitation date, and that the union was acting as a skilled adviser for the purposes of the delay cases. Although Mr Gaffney had earlier been unaware of the possibility of an Employment Tribunal claim, the tribunal found that by late May 2017 the possibility of an unfair dismissal claim was in the mind of the union official dealing with his case. It also found that no step was taken to start the claim process in time, and that the union did not apply to ACAS until 4 July 2017, after the deadline had passed.

Applying section 111 of the Employment Rights Act 1996 and the authorities on whether it was reasonably practicable to present a claim in time, including Dedman v British Building and Engineering Appliances Ltd and related cases, the tribunal held that the claimant had not shown that it was not reasonably practicable for the union, acting as his agent, to start the process within the statutory period. The tribunal therefore found that it had no jurisdiction over the unfair dismissal claim and dismissed it. It said it was not necessary to decide whether the eventual presentation on 7 September 2017 was within a reasonable period after 21 June 2017.