Claimant v Lanarkshire Deaf Club
Outcome
Individual claims
Claim dismissed for want of jurisdiction as it was time-barred. The claimant was dismissed on 8 November 2023 but did not notify ACAS until 21 February 2024, missing the 3-month statutory deadline. The tribunal found no credible reason why it was not reasonably practicable for the claimant to have presented his claim in time.
Facts
The claimant, who is profoundly deaf, was employed by the respondent charity from 2003 and became Head of Operations in May 2022. He was suspended on 30 June 2023 pending a disciplinary investigation and dismissed on 8 November 2023. He appealed the dismissal in November 2023, and attended an appeal hearing on 1 March 2024 where he was told (incorrectly) that his employment had continued pending appeal. He did not notify ACAS of his intention to claim until 21 February 2024 and filed his claim on 25 April 2024, 11 weeks after the statutory deadline.
Decision
The tribunal dismissed the unfair dismissal claim as time-barred. The effective date of termination was 8 November 2023, meaning the claim should have been filed by 7 February 2024. The tribunal found the claimant had demonstrated awareness of ACAS and ability to contact them, but provided no credible explanation for the delay. Erroneous advice from the respondent in March 2024 could not assist as the claim was already out of time and the claimant had already initiated early conciliation before receiving that advice.
Practical note
A claimant's awareness of ACAS and ability to contact them for advice on one matter will undermine arguments that it was not reasonably practicable to seek advice on time limits, even where the claimant has a disability requiring interpretation support.
Legal authorities cited
Statutes
Case details
- Case number
- 8000548/2024
- Decision date
- 10 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- Head of Operations
- Service
- 20 years
Claimant representation
- Represented
- No