Late claim form costs employee unfair dismissal case despite discrimination claims proceeding

What this case shows in practice

This case highlights the strict time limits that apply to employment tribunal claims and the additional hurdle for employees with less than two years' service. The claimant, a senior customer service adviser at Jewson, was dismissed after just 15 months. He believed he had been unfairly selected for redundancy and subjected to discrimination, bullying, and harassment. However, because he had not completed two years' service, he could not bring an ordinary unfair dismissal claim. His only route was to argue that the dismissal was for an automatically unfair reason or that discrimination had occurred.

The claimant also faced a significant timing problem. He started early conciliation within the time limit but then waited another 4.5 months before presenting his claim form. The tribunal found that this delay was not justified for the unfair dismissal and unauthorised deductions claims, as it was reasonably practicable to have presented them earlier. However, for the discrimination claims, the tribunal accepted that the claimant's anxiety, shattered confidence, and the Covid-19 pandemic made it just and equitable to extend time.

What the respondent could have done differently

The respondent, Saint-Gobain Building Distribution Ltd t/a Jewson, successfully defended the unfair dismissal and unauthorised deductions claims on jurisdictional grounds. However, the discrimination claims will now proceed to a full hearing, which could have been avoided if the respondent had addressed the claimant's grievance more promptly or provided clearer communication about the redundancy process. The tribunal noted that the claimant's grievance was heard over a month after his dismissal, and the outcome was not communicated until February 2021. A faster and more transparent process might have reduced the claimant's perception of discrimination and potentially avoided the litigation altogether.

Why the result matters for similar claims

For employees, this case is a reminder that time limits are not flexible for most claims. Even if you have a strong case on the merits, missing the deadline by several months can be fatal. The distinction between the 'reasonably practicable' test for unfair dismissal and the 'just and equitable' test for discrimination is crucial. The latter gives tribunals more discretion, but it is not a free pass – the claimant must provide a clear explanation for the delay.

For employers, the case shows that even if you win on a technicality like time limits, you may still face a full hearing on discrimination claims if the tribunal exercises its discretion to extend time. It is always better to handle grievances and dismissals carefully, with proper documentation and timely responses, to reduce the risk of discrimination claims succeeding.