Mr P Magiera v Scotbeef Limited — 2022

Mr P Magiera, a hygiene supervisor with six years' service, was summarily dismissed by Scotbeef on 5 March 2021 for gross misconduct. The tribunal heard the case as a preliminary issue on timeliness under section 111 of the Employment Rights Act 1996. It found that the claimant appealed his dismissal, that the appeal was heard on 2 June 2021 and was not upheld, that he began Acas Early Conciliation on 1 June 2021 which ran until 13 July 2021, and that he lodged his ET1 on 31 August 2021. The tribunal calculated that the last day for lodging the claim was 12 August 2021.

Applying section 111 ERA 1996 and the approach in Trevelyans (Birmingham) Ltd v Norton, the tribunal held that it was reasonably practicable for the claimant to present the claim in time. It accepted that he had discussed his rights and the time limits with trade union representatives Mr Saho and Ms Coutts in March and June 2021, understood that time limits applied, and had access to union support during the relevant period. The tribunal also noted that he could have asked Acas about the deadline during Early Conciliation and had the opportunity to lodge the claim before travelling to Poland in August 2021.

The tribunal therefore concluded that the claimant did not present his unfair dismissal claim within the statutory time limit and that it was reasonably practicable for him to do so. Because that finding resolved the limitation issue, the tribunal did not need to decide whether the claim had been lodged within a further reasonable period. The unfair dismissal claim was dismissed.