E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105410/2022 Held at Dundee on January 2023 Employment Judge W A Meiklejohn Mr Thomas Sidowra v Sense Scotland — 2023

The tribunal dealt with a preliminary issue only: whether Mr Sidowra’s unfair dismissal claim was presented within the time limit in section 111 of the Employment Rights Act 1996. The agreed dates were that employment ended on 1 June 2022, ACAS early conciliation began on 5 August 2022 and ended on 8 August 2022, the extended deadline therefore expired on 7 September 2022, and the ET1 was not presented until 5 October 2022.

The claimant gave evidence that, after his dismissal, he spoke to his Unison representative, contacted the Citizens Advice Bureau, contacted Digby Brown, and then dealt with ACAS. He said he believed ACAS would submit the tribunal claim for him, and he also said he had mental health difficulties, including depression and medication, which affected his ability to deal with the dismissal and the tribunal claim. The tribunal accepted that he was broadly credible, but found his evidence about the sequence of events somewhat confused at times.

Applying section 111(2)(b) ERA and the authorities on the meaning of “reasonably practicable”, the tribunal held that it was not satisfied that it had not been reasonably practicable to present the claim in time. It found that the claimant was not ignorant of the right to bring an unfair dismissal claim, that he was aware of the existence of an employment tribunal, and that he had been told by ACAS about a 30-day time limit. The tribunal considered that his belief that ACAS would submit the claim was not reasonable, in light of the wording of the EC certificate and the other advice and support available to him.

The tribunal also considered the claimant’s mental health evidence but held that it would be speculation to say that his condition caused or contributed to the late presentation of the claim. It noted that once he realised the claim was late he submitted it promptly, with his wife’s help. The result was that the tribunal lacked jurisdiction and the unfair dismissal complaint was dismissed.