Mrs Gillian Paget v Asda Stores Limited — 2021

The claimant was summarily dismissed on 20 November 2020 and presented an unfair dismissal claim. The Tribunal considered time bar as a preliminary issue. It found that the limitation period expired on 19 February 2021 and that, because the claimant did not commence Acas early conciliation before that date, there was no extension of time under section 207B of the Employment Rights Act 1996.

The claimant knew of the three-month time limit but did not know that early conciliation had to be completed before presenting the claim. She contacted Acas on 15 February 2021 and was sent links to employment tribunal guidance, early conciliation guidance, and the early conciliation notification form. She followed only the tribunal claim form link and submitted an ET1 without completing early conciliation.

The Tribunal accepted that the claimant had made an appropriate inquiry to Acas, but found that she did not follow or read essential parts of the information sent to her. It concluded that her ignorance of the steps needed to present the claim in time was not reasonable, so she had not shown that it was not reasonably practicable to present the claim in time. The Tribunal therefore found it had no jurisdiction and dismissed the claim.