Claimant v J. P. Morgan Europe Limited

Outcome

Facts

The claimant was dismissed on 8 October 2024 for conduct reasons and filed an unfair dismissal claim on 30 March 2025, over 5 months later. A preliminary hearing was listed for 9 July 2025 to consider whether the claim was out of time. On 8 July 2025, the claimant sent an email withdrawing his claim, believing he needed to do so to pursue ACAS conciliation after the respondent made a settlement offer. Within an hour, he sent another email saying he had made a mistake. The claim was dismissed under Rule 51 on 8 July. The claimant applied for reconsideration, providing evidence from ACAS that the claim must remain live for them to act as mediator.

Decision

The tribunal granted the reconsideration application and revoked the judgment dismissing the claim. The judge found it was in the interests of justice to do so because the claimant was unrepresented, withdrew the claim based on a genuine misunderstanding about ACAS conciliation requirements, and brought this to the tribunal's attention within an hour. The case will now be relisted for a preliminary hearing on the time bar question.

Practical note

Legal authorities cited