Former driver's unfair dismissal claim struck out after missing deadline and hearing

A missed deadline and a missed hearing

This case shows how procedural rules can derail a claim before the merits are even considered. The former employee, a Spare Passenger Vehicle Driver on an assignment with Hillingdon Council, was dismissed by his employer, Pertemps Recruitment Partnership Limited, on 29 April 2022 after he allegedly failed to keep in contact following the end of his assignment. He brought claims for unfair dismissal, race discrimination, and unlawful deduction from wages, but the tribunal never got to examine the substance of those allegations.

The problem was timing. Employment tribunal claims must be started within strict time limits – usually three months less one day from the date of dismissal or the discriminatory act. For the driver, the deadline to begin ACAS early conciliation was 28 July 2022. He did not start conciliation until 17 August, and presented his claim on 25 August. That was nearly a month late. In his claim form, he acknowledged that he had spoken to a solicitor but accepted he had not contacted her in time.

The consequences of non-attendance

The tribunal listed an Open Preliminary Hearing to decide whether it could hear the out-of-time claims. The driver did not attend. The tribunal clerk called him twice and left voicemails, but he did not respond. The respondent's representative confirmed that she had copied the driver on emails about the hearing, using the email address he had provided. The tribunal had also sent him correspondence. There was no indication that he had not received the notifications.

Without the claimant present to explain why the delay should be excused, the tribunal had no choice but to strike out the claims. Employment Judge Wyeth noted that the claims were clearly out of time on the face of the claim form, and the claimant had not provided any reason why it would be just and equitable to extend the deadline. The race discrimination claim was also dismissed because, even if it had been in time, the claimant had not specified his race or explained how race was linked to his dismissal.

What this means for similar claims

This case is a reminder that employment tribunals are strict about time limits and attendance. Even a potentially strong claim can be lost if the paperwork is not filed promptly and the claimant does not engage with the process. Anyone considering a tribunal claim should seek advice early, note the deadline from the date of dismissal or the last discriminatory act, and ensure they attend all hearings. Missing a deadline is not always fatal if there is a good reason, but the tribunal needs to hear that reason from the claimant in person.