Mr. Michal Kazimierczak v Tesco Stores Ltd — 2021

The claimant was summarily dismissed on 8 September 2020 and brought an unfair dismissal complaint. He had contacted ACAS in October or November 2020 and was aware there was a three-month less one day time limit, but his first tribunal claim on 6 December 2020 did not include an ACAS early conciliation number and was rejected. He obtained an ACAS Early Conciliation Certificate on 21 December 2020 and lodged a further claim on 22 December 2020.

The tribunal found that the primary limitation period expired on 7 December 2020. Because early conciliation was not started until 21 December 2020, outside the primary time limit, the time limit was not extended and the 22 December 2020 claim was 15 days late.

The tribunal accepted that the claimant was a credible and reliable witness and had limited knowledge of his legal rights, but found that it was reasonably practicable for him to have presented a valid claim in time. It noted that he had access to ACAS advice, the ACAS website, and the information on the claim form about early conciliation. The tribunal also stated that, even if it had not been reasonably practicable to present the claim in time, the additional 15-day delay was not reasonable. It dismissed the reconsideration application concerning the rejected 6 December 2020 claim and confirmed the rejection decision.