Claimant v Advanced Roofing Edinburgh Ltd

Outcome

Facts

The claimant was dismissed on 14 July 2023. About a week later he contacted Citizens Advice Bureau and ACAS for advice, who told him he needed a lawyer but did not mention the Employment Tribunal or time limits. The claimant spent months attempting to secure legal representation but could not afford the upfront fees required. During this time his parents were in hospital. He did not return to ACAS until 25 January 2024, when he was told he could represent himself and informed of time limits for the first time. He commenced ACAS early conciliation on 25 January 2024 and lodged his claim on 26 January 2024.

Decision

The tribunal dismissed both claims for lack of jurisdiction as they were lodged out of time. The tribunal found it was reasonably practicable for the claims to have been lodged in time. The claimant's ignorance of time limits was not reasonable given he had sought advice from CAB and ACAS shortly after dismissal, who should have informed him of time limits. The claimant should have returned for further advice much sooner rather than waiting over 6 months, especially as his attempts to secure legal representation were consistently unsuccessful from the outset.

Practical note

Legal authorities cited