Mr G Campbell v Royal Mail Group Limited — 2022

The claimant was dismissed on 29 August 2020 and brought a complaint of unfair dismissal. The preliminary hearing was limited to time bar. The normal three-month time limit expired on 28 November 2020, and Early Conciliation was not commenced before that date, so the statutory extension provisions did not extend time.

The Tribunal found that the claimant was unaware of the unfair dismissal time limit and believed, as did his trade union representative, that tribunal proceedings should wait until the internal appeal process had concluded. The Tribunal accepted that the claimant had depression, but found he would have been sufficiently well to lodge a complaint in time had the time limit been drawn to his attention.

The Tribunal held that the claimant was being advised by trade union officials who were skilled advisers for these purposes. Their failure to advise him about the time limit, and any unreasonable mistake or ignorance on their part, was attributed to the claimant under the Dedman principle. The Tribunal also found no special facts connected with the pending internal appeal, and no deception or misleading statement by the respondent, which made it not reasonably practicable to present the claim in time. The complaint was therefore dismissed for want of jurisdiction.