Claimant v Walsall Metropolitan Borough Council
Outcome
Individual claims
The tribunal struck out the unfair dismissal claim as it was presented out of time. The claimant was dismissed on 16 October 2023 with the primary time limit expiring on 15 January 2024, but did not file his claim until 5 April 2024. The tribunal found it was reasonably practicable for the claimant to bring his claim in time as he had contacted ACAS and CAB and ought to have made himself aware of the time limits. The claimant also provided no explanation for waiting almost two months after early conciliation ended to file his claim.
Facts
The claimant was dismissed for gross misconduct on 16 October 2023. He appealed the decision and the appeal was rejected on 8 February 2024. He contacted ACAS the same day and early conciliation concluded on 15 March 2024. He did not file his tribunal claim until 5 April 2024, almost three months after the primary time limit expired on 15 January 2024. The claimant stated he was unaware of the time limits and waited for the appeal outcome before contacting ACAS, but he had conducted Google searches and contacted CAB and ACAS for advice.
Decision
The tribunal struck out the unfair dismissal claim for being out of time. The judge found it was reasonably practicable for the claimant to bring his claim in time because he had contacted ACAS and CAB and ought to have been aware of the time limits, or should have made further enquiries. The claimant also failed to explain why he waited almost two months after early conciliation ended to file his claim.
Practical note
Unrepresented claimants are expected to inform themselves of time limits when they contact ACAS or CAB, and waiting for an internal appeal outcome does not excuse late filing if the primary time limit has already expired.
Legal authorities cited
Statutes
Case details
- Case number
- 1304216/2024
- Decision date
- 26 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Walsall Metropolitan Borough Council
- Sector
- local government
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No