Mr R Wrobel v The Merchant Company Education Board (operating as ESMS) — 2025

Mr R Wrobel presented a complaint of unfair dismissal on 31 October 2024 arising from the termination of his employment on 15 May 2024 as a cleaner for The Merchant Company Education Board (operating as ESMS). The Tribunal found that the three-month time limit under section 111(2) of the Employment Rights Act 1996 expired on 14 August 2024, and that early conciliation begun on 14 October 2024 did not extend the limit because it started after expiry.

The Tribunal held that it was reasonably practicable for the claimant to present the claim within time. It accepted that he had regular advice and assistance from Citizens Advice Edinburgh, with an interpreter present, and that he was aware there were tribunal time limits. It did not accept that language difficulties or the availability of CAE made it not reasonably feasible to lodge the claim in time. It also found that his caring responsibilities for his daughter did not prevent timely presentation, and that the hand injury he suffered on 31 August 2024 had no impact because it arose after the limitation period had already expired.

On that basis, the Tribunal held that it did not have jurisdiction to consider the unfair dismissal complaint. The claimant had also sought to amend his claim to add age discrimination complaints based on remarks said to have been made during employment, but the Tribunal refused the amendment because those were new complaints not included in the originating unfair dismissal claim and there was no extant claim capable of amendment. As the amendment was refused, the respondent's application for a deposit order did not fall to be considered.