Mr Simon Lane v Ministry of Defence — 2026

Mr Lane's effective date of termination was 30 July 2024. He commenced ACAS early conciliation on 11 October 2024, the certificate was issued on 22 November 2024, and he presented his claim on 23 December 2024. He accepted that the deadline was 22 December 2024 and that the claim was presented late.

The Tribunal rejected Mr Lane's three explanations for the delay. His emails showed that he knew the deadline while awaiting advice from PCS, and the Tribunal found that he knew or ought reasonably to have known by 20 December 2024 that he needed to act without speaking to his case worker. It rejected his evidence that HMCTS staff had said a short delay would not matter. It also found that his evidence about anxiety did not establish that he was unable to submit the claim by the deadline when he was able to prepare and submit it approximately four hours later.

Applying section 111(2) of the Employment Rights Act 1996, the Tribunal concluded that it was reasonably practicable for Mr Lane to present his unfair dismissal claim in time. The unfair dismissal claim was therefore dismissed as out of time. No remedy was awarded.

The Tribunal separately applied the just and equitable test under section 123 of the Equality Act 2010 to the discrimination claims. It permitted those claims to proceed despite their late presentation; their merits and specific protected characteristics were not determined in this judgment.