Claimant v Durham County Council

Outcome

Facts

Mr Shield was summarily dismissed from his role as Gardener with Durham County Council on 23 August 2024 after over 10 years' service. He appealed the dismissal expecting to be reinstated, and the appeal was heard on 28 November 2024 but was unsuccessful. After his dismissal he suffered mental health difficulties and was prescribed anti-depressants. Following the failed appeal, he sought advice from CAB and contacted ACAS for early conciliation starting 18 December 2024. He presented his unfair dismissal claim on 14 January 2025, well outside the three-month time limit which expired on 22 November 2024.

Decision

The tribunal dismissed the claim as out of time. Employment Judge Robertson found it was reasonably practicable for the claimant to have presented his claim within the three-month time limit. Although the claimant had mental health difficulties and limited IT skills, the tribunal found he took no steps to discover time limits during the primary period because he expected his appeal to succeed. Once the appeal failed, he was able to consult advisors and present a claim with family help, demonstrating these simple steps could have been taken earlier.

Practical note

Legal authorities cited