The Claimant was dismissed on 29 March 2019. He maintained that the dismissal was unfair and contacted ACAS on 25 June 2019. ACAS informed him on 2 August 2019 that his employer did not wish to continue with the conciliation process and a certificate was emailed to him that day. The email was not received for some reason but the primary limitation period (as extended by section 207B(4) of the Employment Rights Act 1996) expired on 2 September 2019. On 3 September 2019 the Claimant contacted ACAS, obtained a copy of the certificate and presented a claim on 5 September 2019, three days out of time. The EJ extended time under section 111(2)(b) on the basis that it was not reasonably practicable for the Claimant to have presented the claim by 2 September 2019.
The EAT found that based on his reasoning it was apparent that the EJ had not properly addressed the question whether it would have been ‘reasonably practicable’ for the Claimant to have presented the claim in time and the issue was accordingly remitted to be considered again by the ET.
Citations:
[2020] UKEAT 0163 – 20 – 1712
Links:
Jurisdiction:
England and Wales
Employment
Updated: 01 December 2022; Ref: scu.661675