ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case no 4110826/2019 Held at Edinburgh on January 2020 Employment Judge: W A Meiklejohn Mr Glenn Telfer v The City of Edinburgh Council — 2020

The Tribunal identified two claims: unfair dismissal under section 94 of the Employment Rights Act 1996 and less favourable treatment under regulation 5 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. The hearing was an open preliminary hearing on time bar. The claimant had been removed from the respondent's supply list and treated 12 April 2019 as the date of dismissal, but did not obtain an ACAS early conciliation certificate until 10 September 2019 or present his ET1 until 16 September 2019.

For the unfair dismissal claim, the Tribunal applied the reasonable practicability test. It rejected the claimant's explanations for presenting late, including his asserted belief that the time limit was six months, his pursuit of information through FOI requests, uncertainty about employment status, and the wider context of previous disputes. The Tribunal held that it had been reasonably practicable to present the unfair dismissal claim within the three-month time limit and therefore had no jurisdiction.

For the part-time worker claim, the Tribunal considered whether it was just and equitable to extend time. It treated the delay from 11 July 2019 to 16 September 2019 as significant, found the reasons for delay did not support an extension, and considered the relevant prejudice, evidence, information request, promptness, and advice factors. Taking those matters together, the Tribunal decided it was not just and equitable to extend time and dismissed the part-time worker claim for want of jurisdiction.