Mr J Brown v Limited (in Liquidation) — 2025

The preliminary hearing concerned jurisdiction and time limits for an unfair dismissal claim. The claimant argued that the effective date of termination was 24 March 2024, while the respondent argued for 8 February 2024. The tribunal found that the claimant received or had a reasonable opportunity to read the dismissal letter by 15 February 2024, and held that this was the effective date of termination for statutory purposes.

On that basis, the claimant needed to start early conciliation by 14 May 2024. He did not do so until 20 June 2024, and presented the claim on 24 July 2024. The tribunal accepted that the claimant had been adversely affected by the dismissal and had anxiety and related mental health difficulties, but found that the evidence did not establish that it was not reasonably practicable for him to present the claim in time. It relied in particular on evidence that he had appealed the dismissal, attended the DWP to apply for benefits, had internet access, and that the consultant neuropsychologist's report did not support the level of cognitive impairment described in his oral evidence.

The tribunal also considered, in the alternative, whether the claim had been presented within a reasonable period after time expired. It found that by 20 June 2024 the claimant had advice about time limits and early conciliation, and that there was no adequate explanation for the further delay between the early conciliation certificate on 24 June 2024 and presentation of the claim on 24 July 2024. The tribunal therefore concluded that it had no jurisdiction under section 111 of the Employment Rights Act 1996 and dismissed the claim.