Mr J Szydlowski v Emergency One (UK) Limited — 2023

Mr Szydlowski brought a claim of unfair dismissal against Emergency One (UK) Limited. The respondent admitted dismissal but said the claim had been presented out of time. The tribunal therefore heard evidence only on limitation and jurisdiction.

The tribunal found that the effective date of termination was 14 April 2022, when the claimant was summarily dismissed for gross misconduct. It accepted that the dismissal letter was received on or about 25 April 2022, that the claimant appealed, and that an early conciliation certificate was issued on 21 July 2022. Applying section 111 ERA 1996 together with the extension for early conciliation under section 207B ERA 1996, the tribunal held that the final date for presentation was 21 August 2022.

The claim was not presented until 25 August 2022. The tribunal considered whether it was not reasonably practicable to present the claim in time. It accepted that the claimant and his family had Covid, and that the claimant was most unwell during the first week of illness, but noted that there was no medical evidence and no evidence explaining his position in mid-August.

The tribunal attached weight to the fact that the claimant had taken legal advice shortly after dismissal and knew the time limit, and that he had been in contact with ACAS. It also noted that there was nothing to explain why he could submit the online claim on 25 August but not a week earlier on 18 August. The tribunal held that it had been reasonably practicable to present the claim in time, that it therefore had no jurisdiction to determine the late claim, and it dismissed the claim.