Claimant v Equans E&S Solutions Limited
Outcome
Individual claims
Tribunal found it was reasonably practicable for the claimant to have lodged his unfair dismissal claim within the three-month statutory time limit. The claimant failed to research time limits despite being intelligent and capable, waited until the last minute to contact ACAS while on holiday, and could not explain his mistaken belief about the appeal deadline. His personal circumstances, while difficult, did not make it not reasonably practicable to lodge in time.
Tribunal exercised discretion under s.123(1)(b) Equality Act 2010 and found it was not just and equitable to extend time. The claimant unreasonably failed to research his rights, left contact with ACAS until 20 October while abroad, and the discrimination claim appeared weak as it was based on comparison with older colleagues who had not falsified van driving records as he had. The claim was not raised in the internal appeal and was lodged three weeks out of time without adequate explanation.
Facts
The claimant was summarily dismissed on 15 July 2024 for falsifying van driving records. He appealed unsuccessfully on 29 July 2024. He found new employment starting 19 August 2024. Between July and October 2024 he dealt with difficult family circumstances including end-of-life care for his grandmother and guardianship of his grandfather with dementia. He went on a pre-booked family holiday from 12-23 October 2024. He contacted ACAS by email on 20 October while abroad, mistakenly believing he had three months from the appeal outcome. He commenced early conciliation on 30 October and filed his claim on 5 November 2024, three weeks out of time.
Decision
The tribunal dismissed both claims for lack of jurisdiction as they were filed out of time. For unfair dismissal, the tribunal found it was reasonably practicable to file in time as the claimant unreasonably failed to research time limits and left it too late to contact ACAS. For age discrimination, the tribunal declined to exercise just and equitable discretion, finding the claimant's ignorance unreasonable, the delay inadequately explained, the claim weak on its merits (comparators had not falsified records), and no discrimination allegation raised in the internal appeal.
Practical note
Claimants must take reasonable steps to research time limits and cannot rely on mistaken beliefs or last-minute holiday contact with ACAS to excuse late filing, particularly where the discrimination claim appears weak and was not raised internally.
Legal authorities cited
Statutes
Case details
- Case number
- 8001828/2024
- Decision date
- 30 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- construction
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Service
- 5 years
Claimant representation
- Represented
- No