Cases→6021039/2024

Claimant v Amazon UK Services Limited

25 June 2025Before Employment Judge DunlopManchesterremote video

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The Tribunal found it had no jurisdiction to hear the claim as it was presented substantially out of time. The claimant failed to demonstrate that it was not reasonably practicable to present the claim within the primary time limit. Even if it had not been reasonably practicable, the delay of 18 months after early conciliation ended meant the claim was not presented within a reasonable further period.

Facts

Mr Cooper was dismissed by Amazon on 18 November 2022. His internal appeal concluded on 15 December 2022. He did not commence ACAS early conciliation until 31 March 2023, approximately six weeks after the primary limitation deadline of 17 February 2023. Early conciliation ended on 12 May 2023. Mr Cooper then waited 18 months before submitting his tribunal claim on 6 December 2024. He offered limited explanation for the delays, citing Christmas stress, lack of work, debt, and mental health issues, but provided no medical evidence. He said he only decided to proceed when he later reviewed ACAS emails. He did not attend the preliminary hearing to contest the time limit issue.

Decision

The Tribunal dismissed the claim for lack of jurisdiction. Employment Judge Dunlop found that Mr Cooper failed to establish it was not reasonably practicable to present his claim within the primary time limit. Even if it had not been reasonably practicable, the 18-month delay after early conciliation ended was wholly exceptional and not a reasonable further period within which to present the claim.

Practical note

Claimants who fail to present unfair dismissal claims within time limits face a strict test: unexplained delays of 18 months after early conciliation, even with vague references to mental health and stress, will not satisfy the 'not reasonably practicable' or 'reasonable further period' tests.

Legal authorities cited

Palmer v Southend-on-Sea Borough Council [1984] ICR 372Inchcape Retail Limited v Shelton UKEAT/0142/19/JOJTrevelyans (Birmingham) Ltd v Norton [1991] ICR 488Walls Meat Co v Khan [1979] ICR 52

Statutes

ERA 1996 s.207BERA 1996 s.111(2)(b)ERA 1996 s.111(2)(a)Employment Tribunal Rules 2024 Rule 54(2)Employment Tribunal Rules 2024 Rule 47Employment Tribunal Rules 2024 Rule 38(2)

Case details

Case number
6021039/2024
Decision date
25 June 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Name
Amazon UK Services Limited
Sector
retail
Represented
Yes
Rep type
barrister

Employment details

Role
Training Supervisor

Claimant representation

Represented
No
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