14 EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104552/2022 Held via Cloud Video Platform (CVP) in Edinburgh on December 2022 Employment Judge M A Macleod Mr David Dart v IKEA Ltd — 2022

The claimant resigned without notice on 8 March 2022, which the Tribunal found was his effective date of termination. He contacted ACAS on 4 June 2022, received the Early Conciliation Certificate by email on 20 July 2022, and presented his Employment Tribunal claim on 17 August 2022.

The Tribunal considered why the claim was presented late. The claimant said he had tried to submit it on 14 and 15 August but received error messages. After post-hearing inquiries, the Tribunal found no evidence that the Tribunal system was unavailable at the relevant time and considered that the difficulty appeared to have arisen from the claimant including an ACAS reference number when attempting to submit the claim.

The Tribunal concluded that it had been reasonably practicable for the claimant to present the claim within the statutory deadline. It noted that he had more than four months from the end of employment, was not prevented by illness or work from preparing the claim, and had left submission until a very late stage. The claim was therefore dismissed as time-barred for want of jurisdiction.