Miss L Kinloch v Ministry of Justice — 2018

The Claimant brought a complaint of unfair dismissal arising from her summary dismissal on 3 August 2017. The Tribunal recorded that she had not brought any other claims arising from the dismissal or employment. It was common ground that the last day for presenting an unfair dismissal complaint in time was 2 November 2017, but ACAS early conciliation notification and the claim form were submitted on 3 November 2017.

The Claimant argued that it had not been reasonably practicable to present the claim in time because of her health and state of mind, together with an arithmetical error by her PCS representative about the deadline. The Tribunal accepted that she had experienced distress and impaired communication after dismissal, but found no medical evidence supporting the contention that her condition made timely presentation not reasonably practicable. It also found that, with PCS assistance, she had been able to participate in the disciplinary and appeal processes during the relevant period.

The Tribunal held that the representative's miscalculation could not make timely presentation not reasonably practicable where the Claimant was assisted by a skilled adviser. It concluded that the Claimant had failed to show that it was not reasonably practicable to bring the complaint within the three month time limit, and dismissed the claim for lack of jurisdiction.